How to modify child custody and parenting time in Delaware

Sources last checked 7 November 2026. Information only, not legal advice. This page rests on the text of Delaware Code Title 13, sections 722 (best interests), 727 (custody), 728 (residence and visitation), 729 (modification of prior orders), 730 (petition to modify custody) and 734 (relocation), as published on the Delaware General Assembly’s Delaware Code Online. Delaware’s statute says “visitation” for the other parent’s schedule.

Delaware divorce kitChild custody in DelawareModifying child support and alimony in DelawareAfter your divorce: changing a support or custody order

The short version

Delaware’s test depends on what kind of order you have and how old it is. A visitation order, or a custody order entered by consent, as an interim order or by written agreement, “may be modified at any time” under the best-interests factors. A custody or primary-residence order entered “after a full hearing on the merits” is harder to change. Within 2 years of the court’s most recent order the court “shall not modify its prior order” unless continuing it “may endanger the child’s physical health or significantly impair such child’s emotional development”. After 2 years it may modify after weighing harm, each parent’s compliance and the section 722 factors. The petition must be verified and set out supporting facts. For support, see modifying child support and alimony in Delaware.

Which rule applies to your order

  • Visitation orders, 729(a). “An order concerning visitation may be modified at any time” if the child’s best interests would be served, using the standards in section 728(a).
  • Consent, interim or written-agreement orders, 729(b). An order entered by consent of all parties, an interim order, or a written agreement about legal custody or residence “may be modified at any time” under the section 722 standards.
  • Orders after a full hearing, 729(c). Only the two-step test below applies to a custody or primary-residence order entered after a full hearing on the merits.

The two-year rule for orders after a full hearing

  • Within 2 years, 729(c)(1). If the application is filed within 2 years after the court’s most recent order on these matters, the court “shall not modify its prior order” unless it finds, after a hearing, that continuing the prior order may endanger the child’s physical health or significantly impair the child’s emotional development.
  • After 2 years, 729(c)(2). The court “may modify its prior order after considering” three things: (a) whether any harm is likely to be caused to the child by a modification, and if so whether that harm is likely to be outweighed by the advantages to the child; (b) each parent’s compliance with prior custody and visitation orders and with their duties under section 727, including whether either parent has been sanctioned under section 728(b) since the prior order; and (c) the factors in section 722.

The best-interests factors, section 722

  • The standard, 722(a). The court determines legal custody and residential arrangements “in accordance with the best interests of the child”, considering “all relevant factors” including eight listed ones.
  • The eight listed factors. (1) The wishes of the child’s parent or parents. (2) The wishes of the child. (3) The child’s interaction and interrelationship with parents, grandparents, siblings, persons cohabiting with a parent, other household residents and others who may significantly affect the child’s best interests. (4) The child’s adjustment to home, school and community. (5) The mental and physical health of everyone involved. (6) Each parent’s past and present compliance with their rights and responsibilities to the child under section 701. (7) Evidence of domestic violence under Chapter 7A. (8) The criminal history of any party or other household resident, including pleas of guilty or no contest and convictions.
  • No presumption by sex, 722(b). The court shall not presume that a parent, because of sex, is better qualified. It also may not consider conduct of a proposed custodian that does not affect that parent’s relationship with the child.

Visitation and contact, section 728

  • The standard, 728(a). The court decides where the child primarily lives and sets a visitation schedule designed to encourage “frequent and meaningful contact with both parents”. The exception is where it finds, after a hearing, that contact with one parent would endanger the child’s physical health or significantly impair emotional development. An order denying or restricting access must state the facts and conclusions supporting it.
  • Asking for a change, 728(c). A parent who believes it is in the child’s best interests to change the custodial authority, visitation or communication set by a prior order or written agreement may apply to the court for modification.
  • Sanctions, 728(b). If a parent interferes with the other parent’s rights, the court must order that person to pay the costs and reasonable counsel fees of the parent seeking relief, and imposes one or more remedies, such as extra visitation, a temporary transfer of custody for up to 30 days, a surcharge, a fine or imprisonment for contempt.

Filing: the petition, section 730

  • What it must contain. A party seeking modification “shall file a verified petition” setting out the facts supporting the change.
  • What that means for you. Spell out what has changed since the last order, which rule in section 729 applies to your order, and what arrangement you want.

If a parent wants to move, section 734

  • When it applies. When, during litigation about custody or visitation, there is a proposed relocation of a child “for a period of 60 days or more” involving a move outside Delaware or one that “materially affects the current custodial and residential arrangement or order”, the court must consider eight factors.
  • The eight factors. (1) The nature, quality, extent of involvement and duration of the child’s relationships with the relocating and non-relocating individuals, siblings and other significant people. (2) The child’s age, developmental stage and needs, and the likely impact on the child’s physical, educational and emotional development. (3) The feasibility of preserving the relationship through suitable visitation, considering logistics and finances. (4) The child’s preference, considering age and maturity. (5) Whether an established pattern of conduct promotes or thwarts the relationship between the child and the non-relocating person. (6) Whether the relocation will enhance the general quality of life for both the relocating person and the child. (7) Each person’s reasons for seeking or opposing the relocation. (8) Any other factor affecting the child’s best interest.

What we could not confirm

  • Forms, fees and procedure. We did not read any Delaware Family Court form or instruction for a petition to modify custody, any filing fee for one, or the Family Court Civil Rules. We cannot say which county court hears your case, what the verified petition must look like, or how long it takes.
  • How courts apply these rules. We read the statute text only, not Delaware Supreme Court or Family Court decisions. We cannot say how “may endanger” or “significantly impair” is applied in practice, or how the harm-and-advantages weighing in 729(c)(2) works in a real case.
  • Statute currency. We read the sections as published on the Delaware Code Online on 7 November 2026. Section 734 shows a 2021 amendment and sections 722, 729 and 730 show amendments in 2022 or later, but we did not look for later session laws or compare against the General Assembly’s bill pages.
  • Sections we did not read. We did not read sections 723 to 726 (temporary orders, interviews, investigations, hearings), 731 to 733, Chapter 7A (domestic violence), or the Uniform Child Custody Jurisdiction and Enforcement Act chapter that decides which state hears the case.

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