Delaware Code

13 Del. C. § 1921 (2026)

Exclusive, continuing jurisdiction

✓ current as of May 2026
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(a) Except as otherwise provided in § 1923 of this title, a court of this State which has made a child custody determination consistent with § 1920 or § 1922 of this title has exclusive, continuing jurisdiction over the determination until:

(1) A court of this State determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this State and that substantial evidence is no longer available in this state concerning the child’s care, protection, training, and personal relationships; or

(2) A court of this State or a court of another state determines that the child, the child’s parents and any person acting as a parent do not presently reside in this State.

(b) A court of this State which has made a child custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under § 1920 of this title.

73 Del. Laws, c. 426, §  1
Notes of Decisions
Cited in 4 cases (4 in the last 5 years), 2022–2024 · leading case: Dixon v. Smith (Del. 2022).
Dixon v. Smith (Del. 2022). · cites it 2× “2 13 Del. C. § 1921(a) (“Except as otherwise provided in § 1923 of this title, a court of this State which has made a child custody determination consistent with § 1920 or § 1922 of this title has exclusive, continuing jurisdiction over the determination until: (1) A court of…”
Gifford v. Miller (Del. 2023). “19 13 Del. C. § 1921(a). 20 See 13 Del. C. § 722(a) (“The Court shall determine the legal custody and residential arrangements for a child in accordance with the best interests of the child.”
Ward v. Taylor (Del. 2024). “”10 Because Father’s PFA petition placed Mother’s custody at issue (and, in 9 13 Del. C. § 1921(a). 10 13 Del. C. § 1902(4) (emphasis added).”
Ward v. Taylor (Del. 2024). “Under the UCCJEA, “[n]otice required for the exercise of jurisdiction when a person is outside this State 7 13 Del. C. § 1921(a)(1). 8 See, e.g., Ward, 2024 WL 78620 , at *2 (describing the Family Court as having jurisdiction under the UCCJEA after making the initial custody…”
— 13 Del. C. § 1921(a) — 3 cases
Dixon v. Smith (Del. 2022). “2 13 Del. C. § 1921(a) (“Except as otherwise provided in § 1923 of this title, a court of this State which has made a child custody determination consistent with § 1920 or § 1922 of this title has exclusive, continuing jurisdiction over the determination until: (1) A court of…”
Gifford v. Miller (Del. 2023). “19 13 Del. C. § 1921(a). 20 See 13 Del. C. § 722(a) (“The Court shall determine the legal custody and residential arrangements for a child in accordance with the best interests of the child.”
Ward v. Taylor (Del. 2024). “”10 Because Father’s PFA petition placed Mother’s custody at issue (and, in 9 13 Del. C. § 1921(a). 10 13 Del. C. § 1902(4) (emphasis added).”
— 13 Del. C. § 1921(a)(1) — 1 case
Ward v. Taylor (Del. 2024). “Under the UCCJEA, “[n]otice required for the exercise of jurisdiction when a person is outside this State 7 13 Del. C. § 1921(a)(1). 8 See, e.g., Ward, 2024 WL 78620 , at *2 (describing the Family Court as having jurisdiction under the UCCJEA after making the initial custody…”
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