Delaware Code

13 Del. C. § 729 (2026)

Modification of prior orders

✓ current as of May 2026

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(a) An order concerning visitation may be modified at any time if the best interests of the child would be served thereby in accordance with the standards set forth in § 728(a) of this title.

(b) An order entered by the Court by consent of all parties, an interim order or a written agreement between the parties concerning the legal custody of a child or such child’s residence may be modified at any time by the Court in accordance with the standards set forth in § 722 of this title.

(c) An order entered by the Court after a full hearing on the merits concerning the legal custody of a child or such child’s primary residence may be modified only as follows:

(1) If the application for modification is filed within 2 years after the Court’s most recent order concerning these matters, the Court shall not modify its prior order unless it finds, after a hearing, that continuing enforcement of the prior order may endanger the child’s physical health or significantly impair such child’s emotional development.

(2) If the application for modification is filed more than 2 years after the Court’s most recent order concerning these matters, the Court may modify its prior order after considering:

a. Whether any harm is likely to be caused to the child by a modification of its prior order, and, if so, whether that harm is likely to be outweighed by the advantages, if any, to the child of such a modification;

b. The compliance of each parent with prior orders of the Court concerning custody and visitation and compliance with each such parent’s duties and responsibilities under § 727 of this title including whether either parent has been subjected to sanctions by the Court under § 728(b) of this title since the prior order was entered; and

c. The factors set forth in § 722 of this title.

59 Del. Laws, c. 569, § 4; 67 Del. Laws, c. 236, § 7; 70 Del. Laws, c. 186, § 1; 84 Del. Laws, c. 42, § 1;

Notes of Decisions

Cited in 34 cases (21 in the last 5 years), 1982–2026 · leading case: William H. Y. v. Myrna L. Y., 450 A.2d 406 (Del. 1982).

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William H. Y. v. Myrna L. Y., 450 A.2d 406 (Del. 1982). “Relying on 13 Del.C. § 729(b), pertaining to modification of child custody decrees, both the Superior and Family Courts held that the father failed to show that the child’s current environment endangered his physical health or had significantly impaired his emotional…”

Hill v. Fox (Del. 2024). · cites it 6× “15 (14) Under 13 Del. C. § 729(a), “[a]n order concerning visitation may be modified at any time if the best interests of the child would be served thereby in accordance with the standards set forth in § 728(a) of this title.”

Brown v. Branch (Del. 2016). · cites it 4× “The attorney guardian ad litem argued 3 that the Father had not satisfied the burden for modification of the custody order under 13 Del. C. § 729, forced visitation with the Father was not in the best interests of the Children, and that if the Mother had complied with the April…”

Richardson v. Davis-Reed (Del. 2023). · cites it 3× “The Family Court appropriately applied 13 Del. C. § 729(c)(1).3 A trial court’s factual findings will not be disturbed on appeal unless they are clearly erroneous, and when the determination of facts turns on a question of the credibility of the witnesses appearing before the…”

Nash v. Wilson (Del. 2019). · cites it 2× “3 (5) The Petition was filed more than two years after the court’s most recent custody order was entered and is governed by the terms of 13 Del. C. § 729(c)(2). Under 13 Del. C. § 729(c)(2), the Family Court may modify a prior custody order after considering: (i) whether any…”

Tower v. Fowler (Del. 2019). · cites it 2× “5 13 Del. C. § 729(a). 3 efforts to locate Fowler and A.”

Malone v. Butler (Del. 2020). · cites it 2× “13 Del. C. § 729(c)(1). If the application for modification is made more than two years after the Family Court's most recent order, the Family Court may modify custody after considering whether modification would harm the child, 4 best-interest factor (a child’s interaction and…”

Bordy v. Radia (Del. 2020). · cites it 2× “5 Findings of fact will not be disturbed unless they are found to be clearly erroneous 3 Because the petition to modify was filed within two years of the court’s last custody order, the Family Court could not modify its prior order unless it found that continuing enforcement of…”

Fether v. McDew (Del. 2020). · cites it 2× “She contends that the Family Court was required to apply the standard set forth in 13 Del. C. § 729(c)(2) before modifying the December 6, 2016 order.”

Wilcox v. LaClaire (Del. 2021). · cites it 2× “Modification of prior orders is governed by 13 Del. C. § 729. Section 729(a) provides that, “[a]n order concerning visitation may be modified at any time if the best interests of the child would be served thereby in accordance with the standard set forth in § 728(a) of this…”

Ward v. Taylor (Del. 2024). · cites it 2× “§ 722 as required for modification of a consent custody order under 13 Del. C. § 729(b). Father testified about his desire for sole custody of Child; his concerns regarding Mother’s care of Child, including her withdrawal of Child from school; Mother’s failure to provide her…”

Price v. Boulden (Del. 2014). · cites it 3× “Because the Mother’s petition was filed within two years of the Family Court’s June 13, 2011 Order, which was entered after a full hearing, the Mother’s petition was governed by 13 Del. C. § 729(c)(1), which would only allow modification of the order if the Family Court…”

Show all 34 citing cases →

— 13 Del. C. § 729(a) — 6 cases

Hill v. Fox (Del. 2024). “15 (14) Under 13 Del. C. § 729(a), “[a]n order concerning visitation may be modified at any time if the best interests of the child would be served thereby in accordance with the standards set forth in § 728(a) of this title.”

Brown v. Branch (Del. 2016). “The attorney guardian ad litem argued 3 that the Father had not satisfied the burden for modification of the custody order under 13 Del. C. § 729, forced visitation with the Father was not in the best interests of the Children, and that if the Mother had complied with the April…”

Tower v. Fowler (Del. 2019). “5 13 Del. C. § 729(a). 3 efforts to locate Fowler and A.”

Whitewood v. Henderson (Del. 2019).

Wilcox v. LaClaire (Del. 2021). “Modification of prior orders is governed by 13 Del. C. § 729. Section 729(a) provides that, “[a]n order concerning visitation may be modified at any time if the best interests of the child would be served thereby in accordance with the standard set forth in § 728(a) of this…”

— 13 Del. C. § 729(b) — 5 cases

Gifford v. Miller (Del. 2023).

Ward v. Taylor (Del. 2024). “§ 722 as required for modification of a consent custody order under 13 Del. C. § 729(b). Father testified about his desire for sole custody of Child; his concerns regarding Mother’s care of Child, including her withdrawal of Child from school; Mother’s failure to provide her…”

Upton v. Miller (Del. 2025).

Jennifer Culbreath v. Benjamin Culbreath (Del. 2026).

— 13 Del. C. § 729(c) — 4 cases

Stone v. Smith (Del. 2023).

Alison Helena Moroney v. Kelly Lynn Majerus (Va. Ct. App. 2024).

Hill, Luciana v. Diego Gonzalez (Del. 2025).

Rosado v. Roberts (Del. 2015).

— 13 Del. C. § 729(c)(1) — 13 cases

Richardson v. Davis-Reed (Del. 2023). “The Family Court appropriately applied 13 Del. C. § 729(c)(1).3 A trial court’s factual findings will not be disturbed on appeal unless they are clearly erroneous, and when the determination of facts turns on a question of the credibility of the witnesses appearing before the…”

Bordy v. Radia (Del. 2020). “5 Findings of fact will not be disturbed unless they are found to be clearly erroneous 3 Because the petition to modify was filed within two years of the court’s last custody order, the Family Court could not modify its prior order unless it found that continuing enforcement of…”

Price v. Boulden (Del. 2014). “Because the Mother’s petition was filed within two years of the Family Court’s June 13, 2011 Order, which was entered after a full hearing, the Mother’s petition was governed by 13 Del. C. § 729(c)(1), which would only allow modification of the order if the Family Court…”

— 13 Del. C. § 729(c)(2) — 11 cases

Nash v. Wilson (Del. 2019). “3 (5) The Petition was filed more than two years after the court’s most recent custody order was entered and is governed by the terms of 13 Del. C. § 729(c)(2). Under 13 Del. C. § 729(c)(2), the Family Court may modify a prior custody order after considering: (i) whether any…”

Fether v. McDew (Del. 2020). “She contends that the Family Court was required to apply the standard set forth in 13 Del. C. § 729(c)(2) before modifying the December 6, 2016 order.”

Malone v. Butler (Del. 2020). “13 Del. C. § 729(c)(1). If the application for modification is made more than two years after the Family Court's most recent order, the Family Court may modify custody after considering whether modification would harm the child, 4 best-interest factor (a child’s interaction and…”

Roberts v. Blocker (Del. 2020).

Sanders v. Sawyer (Del. 2020).

— 13 Del. C. § 729(c)(2)(c) — 1 case

Pack v. McBride (Del. 2022).

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