reglab/statecodes huggingface dataset:
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter VI. Registration, Enforcement, and Modification of Support Order › § 6-612. Recognition of order modified in another state.

§§ 6-612. Recognition of order modified in another state.
If a child-support order issued by a tribunal of this State is modified by a tribunal of another state which assumed jurisdiction pursuant to the Uniform Interstate Family Support Act, a tribunal of this State:
(1) May enforce its order that was modified only as to arrears and interest accruing before the modification;
(2) May provide appropriate relief for violations of its order which occurred before the effective date of the modification; and
(3) Shall recognize the modifying order of the other state, upon registration, for the purpose of enforcement.
69 Del. Laws, c. 238, §  1;  71 Del. Laws, c. 216, §  155;  75 Del. Laws, c. 64, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter VI. Registration, Enforcement, and Modification of Support Order › § 6-613. Jurisdiction to modify child-support order of another state when individual parties reside in this State.

§§ 6-613. Jurisdiction to modify child-support order of another state when individual parties reside in this State.
(a) If all of the parties who are individuals reside in this State and the child does not reside in the issuing state, a tribunal of this State has jurisdiction to enforce and to modify the issuing state's child-support order in a proceeding to register that order.
(b) A tribunal of this State exercising jurisdiction under this Section shall apply the provisions of subchapters I and II of this chapter, this subchapter, and the procedural and substantive law of this State to the proceeding for enforcement or modification. Subchapters III, IV, V, VII and VIII of this chapter do not apply.
71 Del. Laws, c. 216, §  156;  75 Del. Laws, c. 64, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter VI. Registration, Enforcement, and Modification of Support Order › § 6-614. Notice to issuing tribunal of modification.

§§ 6-614. Notice to issuing tribunal of modification.
Within 30 days after issuance of a modified child-support order, the party obtaining the modification shall file a certified copy of the order with the issuing tribunal that had continuing, exclusive jurisdiction over the earlier order, and in each tribunal in which the party knows the earlier order has been registered. A party who obtains the order and fails to file a certified copy is subject to appropriate sanctions by a tribunal in which the issue of failure to file arises. The failure to file does not affect the validity or enforceability of the modified order of the new tribunal having continuing, exclusive jurisdiction.
71 Del. Laws, c. 216, §  156;  75 Del. Laws, c. 64, §  1;  80 Del. Laws, c. 60, §  6;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter VI. Registration, Enforcement, and Modification of Support Order › § 6-615. Jurisdiction to modify child-support order of foreign country.

§§ 6-615. Jurisdiction to modify child-support order of foreign country.
(a) Except as otherwise provided in § 6-711 of this title, if a foreign country lacks or refuses to exercise jurisdiction to modify its child-support order pursuant to its laws, a tribunal of this State may assume jurisdiction to modify the child-support order and bind all individuals subject to the personal jurisdiction of the tribunal whether the consent to modification of a child-support order otherwise required of the individual pursuant to § 6-611 of this title has been given or whether the individual seeking modification is a resident of this State or of the foreign country.
(b) An order issued by a tribunal of this State modifying a foreign child-support order pursuant to this section is the controlling order.
75 Del. Laws, c. 64, §  1;  80 Del. Laws, c. 60, §  6;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter VI. Registration, Enforcement, and Modification of Support Order › § 6-616. Procedure to register child-support order of foreign country for modification.

§§ 6-616. Procedure to register child-support order of foreign country for modification.
A party or support enforcement agency seeking to modify, or to modify and enforce, a foreign child-support order not under the Convention may register that order in this State under §§ 6-601 through 6-608 of this title if the order has not been registered. A petition for modification may be filed at the same time as a request for registration, or at another time. The petition must specify the grounds for modification.
80 Del. Laws, c. 60, §  6;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter VII. Support Proceeding Under Convention › § 6-701. Definitions.

§§ 6-701. Definitions.
In this subchapter:
(1) “Application” means a request under the Convention by an obligee or obligor, or on behalf of a child, made through a central authority for assistance from another central authority.
(2) “Central authority” means the entity designated by the United States or a foreign country described in § 6-102(5)d. of this title to perform the functions specified in the Convention.
(3) “Convention support order” means a support order of a tribunal of a foreign country described in § 6-102(5)d. of this title.
(4) “Direct request” means a petition filed by an individual in a tribunal of this State in a proceeding involving an obligee, obligor, or child residing outside the United States.
(5) “Foreign central authority” means the entity designated by a foreign country described in § 6-102(5)d. of this title to perform the functions specified in the Convention.
(6) “Foreign support agreement”:
a. Means an agreement for support in a record that:
1. Is enforceable as a support order in the country of origin;
2. Has been:
A. Formally drawn up or registered as an authentic instrument by a foreign tribunal; or
B. Authenticated by, or concluded, registered, or filed with a foreign tribunal; and
3. May be reviewed and modified by a foreign tribunal; and
b. Includes a maintenance arrangement or authentic instrument under the Convention.
(7) “United States central authority” means the Secretary of the United States Department of Health and Human Services.
80 Del. Laws, c. 60, §  7;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter VII. Support Proceeding Under Convention › § 6-702. Applicability.

§§ 6-702. Applicability.
This subchapter applies only to a support proceeding under the Convention. In such a proceeding, if a provision of this subchapter is inconsistent with subchapters I through VI of this chapter, this subchapter controls.
80 Del. Laws, c. 60, §  7;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter VII. Support Proceeding Under Convention › § 6-703. Relationship of Division of Child Support Services to United States central authority.

§§ 6-703. Relationship of Division of Child Support Services to United States central authority.
The Division of Child Support Services of this State is recognized as the agency designated by the United States central authority to perform specific functions under the Convention.
80 Del. Laws, c. 60, §  7;  80 Del. Laws, c. 234, § 12;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter VII. Support Proceeding Under Convention › § 6-704. Initiation by Division of Child Support Services of support proceeding under Convention.

§§ 6-704. Initiation by Division of Child Support Services of support proceeding under Convention.
(a) In a support proceeding under this subchapter, the Division of Child Support Services of this State shall:
(1) Transmit and receive applications; and
(2) Initiate or facilitate the institution of a proceeding regarding an application in a tribunal of this State.
(b) The following support proceedings are available to an obligee under the Convention:
(1) Recognition or recognition and enforcement of a foreign support order;
(2) Enforcement of a support order issued or recognized in this State;
(3) Establishment of a support order if there is no existing order, including, if necessary, determination of parentage of a child;
(4) Establishment of a support order if recognition of a foreign support order is refused under § 6-708(b)(2), (4), or (9) of this title;
(5) Modification of a support order of a tribunal of this State; and
(6) Modification of a support order of a tribunal of another state or a foreign country.
(c) The following support proceedings are available under the Convention to an obligor against which there is an existing support order:
(1) Recognition of an order suspending or limiting enforcement of an existing support order of a tribunal of this State;
(2) Modification of a support order of a tribunal of this State; and
(3) Modification of a support order of a tribunal of another state or a foreign country.
(d) A tribunal of this State may not require security, bond, or deposit, however described, to guarantee the payment of costs and expenses in proceedings under the Convention.
80 Del. Laws, c. 60, §  7;  80 Del. Laws, c. 234, § 13;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter VII. Support Proceeding Under Convention › § 6-705. Direct request.

§§ 6-705. Direct request.
(a) A petitioner may file a direct request seeking establishment or modification of a support order or determination of parentage of a child. In the proceeding, the law of this State applies.
(b) A petitioner may file a direct request seeking recognition and enforcement of a support order or support agreement. In the proceeding, §§ 6-706 through 6-713 of this title apply.
(c) In a direct request for recognition and enforcement of a Convention support order or foreign support agreement:
(1) A security, bond, or deposit is not required to guarantee the payment of costs and expenses; and
(2) An obligee or obligor that in the issuing country has benefited from free legal assistance is entitled to benefit, at least to the same extent, from any free legal assistance provided for by the law of this State under the same circumstances.
(d) A petitioner filing a direct request is not entitled to assistance from the Division of Child Support Services.
(e) This subchapter does not prevent the application of laws of this State that provide simplified, more expeditious rules regarding a direct request for recognition and enforcement of a foreign support order or foreign support agreement.
80 Del. Laws, c. 60, §  7;  80 Del. Laws, c. 234, § 13;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter VII. Support Proceeding Under Convention › § 6-706. Registration of Convention support order.

§§ 6-706. Registration of Convention support order.
(a) Except as otherwise provided in this subchapter, a party who is an individual or a support enforcement agency seeking recognition of a Convention support order shall register the order in this State as provided in subchapter VI of this chapter.
(b) Notwithstanding §§ 6-311 and 6-602(a) of this title, a request for registration of a Convention support order must be accompanied by:
(1) A complete text of the support order;
(2) A record stating that the support order is enforceable in the issuing country;
(3) If the respondent did not appear and was not represented in the proceedings in the issuing country, a record attesting, as appropriate, either that the respondent had proper notice of the proceedings and an opportunity to be heard or that the respondent had proper notice of the support order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal;
(4) A record showing the amount of arrears, if any, and the date the amount was calculated;
(5) A record showing a requirement for automatic adjustment of the amount of support, if any, and the information necessary to make the appropriate calculations; and
(6) If necessary, a record showing the extent to which the applicant received free legal assistance in the issuing country.
(c) A request for registration of a Convention support order may seek recognition and partial enforcement of the order.
(d) A tribunal of this State may vacate the registration of a Convention support order without the filing of a contest under § 6-707 of this title only if, acting on its own motion, the tribunal finds that recognition and enforcement of the order would be manifestly incompatible with public policy.
(e) The tribunal shall promptly notify the parties of the registration or the order vacating the registration of a Convention support order.
80 Del. Laws, c. 60, §  7;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter VII. Support Proceeding Under Convention › § 6-707. Contest of registered Convention support order.

§§ 6-707. Contest of registered Convention support order.
(a) Except as otherwise provided in this chapter, §§ 6-605 through 6-608 of this title apply to a contest of a registered Convention support order.
(b) A party contesting a registered Convention support order shall file a contest not later than 30 days after notice of the registration, but if the contesting party does not reside in the United States, the contest must be filed not later than 60 days after notice of the registration.
(c) If the nonregistering party fails to contest the registered Convention support order by the time specified in subsection (b) of this section, the order is enforceable.
(d) A contest of a registered Convention support order may be based only on grounds set forth in § 6-708 of this title. The contesting party bears the burden of proof.
(e) In a contest of a registered Convention support order, a tribunal of this State:
(1) Is bound by the findings of fact on which the foreign tribunal based its jurisdiction; and
(2) May not review the merits of the order.
(f) A tribunal of this State deciding a contest of a registered Convention support order shall promptly notify the parties of its decision.
(g) A challenge or appeal, if any, does not stay the enforcement of a Convention support order unless there are exceptional circumstances.
80 Del. Laws, c. 60, §  7;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter VII. Support Proceeding Under Convention › § 6-708. Recognition and enforcement of registered Convention support order.

§§ 6-708. Recognition and enforcement of registered Convention support order.
(a) Except as otherwise provided in subsection (b) of this section, a tribunal of this State shall recognize and enforce a registered Convention support order.
(b) The following grounds are the only grounds on which a tribunal of this State may refuse recognition and enforcement of a registered Convention support order:
(1) Recognition and enforcement of the order is manifestly incompatible with public policy, including the failure of the issuing tribunal to observe minimum standards of due process, which include notice and an opportunity to be heard;
(2) The issuing tribunal lacked personal jurisdiction consistent with § 6-201 of this title;
(3) The order is not enforceable in the issuing country;
(4) The order was obtained by fraud in connection with a matter of procedure;
(5) A record transmitted in accordance with § 6-706 of this title lacks authenticity or integrity;
(6) A proceeding between the same parties and having the same purpose is pending before a tribunal of this State and that proceeding was the first to be filed;
(7) The order is incompatible with a more recent support order involving the same parties and having the same purpose if the more recent support order is entitled to recognition and enforcement under this chapter in this State;
(8) Payment, to the extent alleged arrears have been paid in whole or in part;
(9) In a case in which the respondent neither appeared nor was represented in the proceeding in the issuing foreign country;
a. If the law of that country provides for prior notice of proceedings, the respondent did not have proper notice of the proceedings and an opportunity to be heard; or
b. If the law of that country does not provide for prior notice of the proceedings, the respondent did not have proper notice of the order and an opportunity to be heard in a challenge or appeal on fact or law before a tribunal; or
(10) The order was made in violation of § 6-711 of this title.
(c) If a tribunal of this State does not recognize a Convention support order under paragraphs (b)(2), (4), or (9) of this section:
(1) The tribunal may not dismiss the proceeding without allowing a reasonable time for a party to request the establishment of a new Convention support order; and
(2) The Division of Child Support Services shall take all appropriate measures to request a child-support order for the obligee if the application for recognition and enforcement was received under § 6-704 of this title.
80 Del. Laws, c. 60, §  7;  80 Del. Laws, c. 234, § 13;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter VII. Support Proceeding Under Convention › § 6-709. Partial enforcement.

§§ 6-709. Partial enforcement.
If a tribunal of this State does not recognize and enforce a Convention support order in its entirety, it shall enforce any severable part of the order. An application or direct request may seek recognition and partial enforcement of a Convention support order.
80 Del. Laws, c. 60, §  7;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter VII. Support Proceeding Under Convention › § 6-710. Foreign support agreement.

§§ 6-710. Foreign support agreement.
(a) Except as otherwise provided in subsections (c) and (d) of this section, a tribunal of this State shall recognize and enforce a foreign support agreement registered in this State.
(b) An application or direct request for recognition and enforcement of a foreign support agreement must be accompanied by:
(1) A complete text of the foreign support agreement; and
(2) A record stating that the foreign support agreement is enforceable as an order of support in the issuing country.
(c) A tribunal of this State may vacate the registration of a foreign support agreement only if, acting on its own motion, the tribunal finds that recognition and enforcement would be manifestly incompatible with public policy.
(d) In a contest of a foreign support agreement, a tribunal of this State may refuse recognition and enforcement of the agreement if it finds:
(1) Recognition and enforcement of the agreement is manifestly incompatible with public policy;
(2) The agreement was obtained by fraud or falsification;
(3) The agreement is incompatible with a support order involving the same parties and having the same purpose in this State, another state, or a foreign country if the support order is entitled to recognition and enforcement under this chapter in this State; or
(4) The record submitted under subsection (b) of this section lacks authenticity or integrity.
(e) A proceeding for recognition and enforcement of a foreign support agreement must be suspended during the pendency of a challenge to or appeal of the agreement before a tribunal of another state or a foreign country.
80 Del. Laws, c. 60, §  7;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter VII. Support Proceeding Under Convention › § 6-711. Modification of Convention child-support order.

§§ 6-711. Modification of Convention child-support order.
(a) A tribunal of this State may not modify a Convention child-support order if the obligee remains a resident of the foreign country where the support order was issued unless:
(1) The obligee submits to the jurisdiction of a tribunal of this State, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or
(2) The foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.
(b) If a tribunal of this State does not modify a Convention child-support order because the order is not recognized in this State, § 6-708(c) of this title applies.
80 Del. Laws, c. 60, §  7;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter VII. Support Proceeding Under Convention › § 6-712. Personal information; limit on use.

§§ 6-712. Personal information; limit on use.
Personal information gathered or transmitted under this subchapter may be used only for the purposes for which it was gathered or transmitted.
80 Del. Laws, c. 60, §  7;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter VII. Support Proceeding Under Convention › § 6-713. Record in original language; English translation.

§§ 6-713. Record in original language; English translation.
A record filed with a tribunal of this State under this subchapter must be in the original language and, if not in English, must be accompanied by an English translation.
80 Del. Laws, c. 60, §  7;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter VIII. Interstate Rendition › § 6-801. Grounds for rendition.

§§ 6-801. Grounds for rendition.
(a) For purposes of this chapter, “Governor” includes an individual performing the functions of governor or the executive authority of a state covered by this chapter.
(b) The Governor of this State may:
(1) Demand that the governor of another state surrender an individual found in the other state who is charged criminally in this State with having failed to provide for the support of an obligee; or
(2) On the demand of the governor of another state, surrender an individual found in this State who is charged criminally in the other state with having failed to provide for the support of an obligee.
(c) A provision for extradition of individuals not inconsistent with this chapter applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
69 Del. Laws, c. 238, §  1;  75 Del. Laws, c. 64, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter VIII. Interstate Rendition › § 6-802. Conditions of rendition.

§§ 6-802. Conditions of rendition.
(a) Before making a demand that the governor of another state surrender an individual charged criminally in this State with having failed to provide for the support of an obligee, the Governor of this State may require a prosecutor of this State to demonstrate that at least 60 days previously the obligee had initiated proceedings for support pursuant to this chapter or that the proceeding would be of no avail.
(b) If, under this chapter or a law substantially similar to this chapter, the governor of another state makes a demand that the Governor of this State surrender an individual charged criminally in that state with having failed to provide for the support of a child or other individual to whom a duty of support is owed, the Governor may require a prosecutor to investigate the demand and report whether a proceeding for support has been initiated or would be effective. If it appears that a proceeding would be effective but has not been initiated, the Governor may delay honoring the demand for a reasonable time to permit the initiation of a proceeding.
(c) If a proceeding for support has been initiated and the individual whose rendition is demanded prevails, the Governor may decline to honor the demand. If the petitioner prevails and the individual whose rendition is demanded is subject to a support order, the Governor may decline to honor the demand if the individual is complying with the support order.
69 Del. Laws, c. 238, §  1;  75 Del. Laws, c. 64, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter IX. Miscellaneous Provisions › § 6-901. Uniformity of application and construction.

§§ 6-901. Uniformity of application and construction.
In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
69 Del. Laws, c. 238, §  1;  75 Del. Laws, c. 64, §  1;  80 Del. Laws, c. 60, §  9;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter IX. Miscellaneous Provisions › § 6-902. Severability clause.

§§ 6-902. Severability clause.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
75 Del. Laws, c. 64, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 6. UNIFORM INTERSTATE FAMILY SUPPORT ACT › Subchapter IX. Miscellaneous Provisions › § 6-903. Transitional provision.

§§ 6-903. Transitional provision.
This chapter applies to proceedings begun on or after July 1, 2015, to establish a support order or determine parentage of a child or to register, recognize, enforce, or modify a prior support order, determination, or agreement, whenever issued or entered. Any determination of support or nonsupport made under the law of this State prior to July 1, 2015, remains in force and effect.
75 Del. Laws, c. 64, §  1;  80 Del. Laws, c. 60, §  9;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7. PARENTS AND CHILDREN › Subchapter I. General Provisions › § 701. Rights and responsibilities of parents; guardian appointment.

§ 701. Rights and responsibilities of parents; guardian appointment.
(a) The father and mother are the joint natural guardians of their minor child and are equally charged with the child's support, care, nurture, welfare and education. Each has equal powers and duties with respect to such child, and neither has any right, or presumption of right or fitness, superior to the right of the other concerning such child's custody or any other matter affecting the child. If either parent should die, or abandon the family, or is incapable, for any reason, to act as guardian of such child, then, the custody of such child devolves upon the other parent. Where the parents live apart, the Court may award the custody of their minor child to either of them and neither shall benefit from any presumption of being better suited for such award.
(b) This section shall not affect the laws of this State relative to the appointment of a guardian of the property of a minor, or the appointment of a third person as a guardian of the person of the minor where the parents are unsuitable or where the child's interests would be adversely affected by remaining under the natural guardianship of such child's parents or parent.
(c) [Repealed.]
35 Del. Laws, c. 191, §  1;  Code 1935, §  3576;  13 Del. C. 1953, §  701;  59 Del. Laws, c. 569, §  2;  70 Del. Laws, c. 186, §  1;  72 Del. Laws, c. 451, §§  2, 3;  77 Del. Laws, c. 43, §  12;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7. PARENTS AND CHILDREN › Subchapter I. General Provisions › § 703. Services and earnings of minor child.

§ 703. Services and earnings of minor child.
The father and mother of a minor child are equally entitled to its services and earnings, and if 1 of the parents is dead or has abandoned the child or has been deprived of its custody by court decree the other parent shall be entitled to such services and earnings.
35 Del. Laws, c. 191, §  2;  Code 1935, §  3577;  13 Del. C. 1953, §  703;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7. PARENTS AND CHILDREN › Subchapter I. General Provisions › § 704. Action for loss of wages or services of minor child.

§ 704. Action for loss of wages or services of minor child.
The parents jointly may maintain an action for loss of wages or services of the minor child when such loss is occasioned by injury wrongfully or negligently inflicted upon the child. If either the father or mother is dead or has abandoned the child or has been deprived of its custody by court decree or refuses to sue, the other parent may sue alone. Nothing contained in this section shall be deemed to supersede, limit, modify or affect the workers' compensation laws of this State.
35 Del. Laws, c. 191, §  3;  Code 1935, §  3578;  13 Del. C. 1953, §  704;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7. PARENTS AND CHILDREN › Subchapter I. General Provisions › § 705, 706. Charge and custody of minor child if parents are separated but not divorced; proceedings for care of children of immoral or negligent parents.

§§ 705, 706. Charge and custody of minor child if parents are separated but not divorced; proceedings for care of children of immoral or negligent parents.
Repealed by 59 Del. Laws, c. 569, § 1.
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7. PARENTS AND CHILDREN › Subchapter I. General Provisions › § 709. Consent of a minor to donate blood voluntarily without the necessity of obtaining parental permission or authorization.

§ 709. Consent of a minor to donate blood voluntarily without the necessity of obtaining parental permission or authorization.
(a) Anything otherwise provided in the law to the contrary notwithstanding, any person over 17 years old shall be eligible to donate blood in any voluntary and noncompensatory blood program without parental permission or authorization.
(b) The consent given by a minor under this section shall, notwithstanding such minority, be valid and legally effective for all purposes and shall be binding upon such minor, such minor's parents, legal guardians, spouse, heirs, executors and administrators as effectively as if such minor were 18 years of age or over at the time of giving such consent. A minor giving such consent shall be deemed to have the same legal capacity to act and the same legal obligations with regard to giving such consent as if such minor were 18 years of age or over. Consent so given shall not be subject to later disaffirmance by reason of such minority and the consent of no other person or court shall be necessary for performance of the lawful procedures required to be performed in order to receive such donation.
(c) Such consent so given by a minor as described above shall be interpreted as a contract permitting penetration of tissue which is necessary to accomplish such donation.
13 Del. C. 1953, §  710;  57 Del. Laws, c. 464;  63 Del. Laws, c. 208, §§  1, 2;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7. PARENTS AND CHILDREN › Subchapter II. Custody Proceedings › § 721. Commencement of proceedings; venue; notice; pleadings; attorney for child; removal from jurisdiction; considerations.

§ 721. Commencement of proceedings; venue; notice; pleadings; attorney for child; removal from jurisdiction; considerations.
(a) A child custody proceeding is commenced in the Family Court of the State, or as otherwise provided by law, by a parent filing a petition seeking custody of the child in the county where the child is permanently a resident or where the child is found.
(b) Notice of a child custody proceeding shall be given to the child's parent, guardian and custodian, who may appear and be heard and may file a responsive pleading. The Court may, upon a showing of good cause, permit the intervention of other interested parties.
(c) The Court may, in the interest of the child, appoint an attorney to represent the child in the proceedings. A fee for an attorney so appointed shall be allowed as part of the costs of the proceeding.
(d) Upon the filing of a petition for custody or visitation, a preliminary injunction shall be issued against both parties to the action, enjoining them from removing any natural or adopted child of the parties then residing in Delaware from the jurisdiction of this Court without the prior written consent of the parties or the permission of the Court. The preliminary injunction shall be effective against the petitioner upon the filing of the petition for custody or visitation and upon the respondent upon service of a copy of the petition.
(e) A custody proceeding between parents shall be determined in accordance with §§ 722, 729 and Chapter 7A of this title, whichever shall apply.
59 Del. Laws, c. 569, §  4;  66 Del. Laws, c. 312, §  1;  67 Del. Laws, c. 236, §  1;  69 Del. Laws, c. 309, §§  1, 2;  70 Del. Laws, c. 186, §  1;  77 Del. Laws, c. 43, §  4;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7. PARENTS AND CHILDREN › Subchapter II. Custody Proceedings › § 722. Best interests of child.

§ 722. Best interests of child.
(a) The Court shall determine the legal custody and residential arrangements for a child in accordance with the best interests of the child. In determining the best interests of the child, the Court shall consider all relevant factors including:
(1) The wishes of the child's parent or parents as to such child's custody and residential arrangements;
(2) The wishes of the child as to such child's custodian or custodians and residential arrangements;
(3) The interaction and interrelationship of the child with such child's parents, grandparents, siblings, persons cohabiting in the relationship of husband and wife with a parent of the child, any other residents of the household or persons who may significantly affect the child's best interests;
(4) The child's adjustment to such child's home, school and community;
(5) The mental and physical health of all individuals involved;
(6) Past and present compliance by both parents with their rights and responsibilities to their child under § 701 of this title;
(7) Evidence of domestic violence as provided for in Chapter 7A of this title; and
(8) The criminal history of any party or any other resident of the household including whether the criminal history contains pleas of guilty or no contest or a conviction of a criminal offense.
(b) The Court shall not presume that a parent, because of such parent's sex, is better qualified than the other parent to act as a joint or sole legal custodian for a child or as the child's primary residential parent, nor shall it consider conduct of a proposed sole or joint custodian or primary residential parent that does not affect such parent's relationship with the child.
59 Del. Laws, c. 569, §  4;  67 Del. Laws, c. 236, §§  2, 3;  69 Del. Laws, c. 309, §  3;  70 Del. Laws, c. 186, §  1;  74 Del. Laws, c. 311, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7. PARENTS AND CHILDREN › Subchapter II. Custody Proceedings › § 723. Temporary orders.

§ 723. Temporary orders.
(a) A party to a custody or visitation proceeding may move for a temporary custody or visitation order. An application for temporary custody or visitation shall be accompanied by an affidavit setting forth the factual basis for the motion or application with particularity. The Court may issue a temporary custody or visitation order without requiring notice to the other party and without a hearing only if it finds on the basis of the affidavit or other evidence that irreparable harm may result to the minor child if such an order is not issued without notice to the other interested parties or any opportunity by them to be heard. In the event such an order is entered, a copy of the order shall be served upon all other interested parties as soon as practicable and they shall have an opportunity to be heard in opposition to the application as soon as practicable.
(b) If a custody and/or visitation proceeding commenced in the absence of a petition for divorce or annulment is dismissed, any temporary custody or visitation order shall be vacated.
59 Del. Laws, c. 569, §  4;  67 Del. Laws, c. 236, §  4;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7. PARENTS AND CHILDREN › Subchapter II. Custody Proceedings › § 726. Hearings.

§ 726. Hearings.
(a) The Court without a jury shall determine questions of law and fact. All hearings and trials shall be conducted in private but the Court may admit any person who has a direct and legitimate interest in the particular case or a legitimate educational or research interest in the work of the Court.
(b) If the Court finds it necessary to protect the child's welfare, that the record of any interview, report, investigation or testimony in a custody proceeding be kept secret, the Court shall make an appropriate order sealing the record.
(c) The Court may tax as costs the payment of necessary travel and other expenses incurred by any person whose presence at the hearing the Court deems necessary to determine the best interests of the child.
59 Del. Laws, c. 569, §  4;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7. PARENTS AND CHILDREN › Subchapter II. Custody Proceedings › § 727. Custody.

§ 727. Custody.
(a) Whether the parents have joint legal custody or 1 parent has sole legal custody of a child, each parent has the right to receive, on request, from the other parent, whenever practicable in advance, all material information concerning the child's progress in school, medical treatment, significant developments in the child's life, and school activities and conferences, special religious events and other activities in which parents may wish to participate and each parent and child has a right to reasonable access to the other by telephone or mail. The Court shall not restrict the rights of a child or a parent under this subsection unless it finds, after a hearing, that the exercise of such rights would endanger a child's physical health or significantly impair such child's emotional development.
(b) Any custody order entered by the Court may include the following provisions:
(1) Granting temporary joint or sole custody for a period of time not to exceed 6 months in duration to give the parents the opportunity of demonstrating to the satisfaction of the Court their ability and willingness to cooperate with the custodial arrangement ordered. Following a timely review of this temporary order by the Court either at the end of this temporary period or sooner upon the application of any party to the proceeding, the Court shall have the authority to continue or modify the temporary order on a permanent basis.
(2) Counseling of the parents, and their child if appropriate, by a public or private agency approved by the Court to help the parents develop the necessary skills to deal effectively with the major as well as daily decisions involving their child under the custodial arrangement ordered, to continue until such time as the Court is advised in writing by the agency that such counseling is no longer required. Counseling expenses may be assessed by the Court as a cost of the proceeding.
(c) Any custody order entered by the Court shall include a contact schedule by the child with both parents which shall control absent parental modification by written agreement.
(d) Any custody order entered when 1 or both parents is a member of the armed forces, including the National Guard, and is being deployed, shall be an interim order, modifiable upon the return of the Armed Forces member to the United States or termination of service.
(e) A police officer may enter private property to take physical custody of a child to enforce the Court's custody order when such order requests the assistance of a police officer.
67 Del. Laws, c. 236, §  5;  76 Del. Laws, c. 331, §  1;  83 Del. Laws, c. 461, § 2;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7. PARENTS AND CHILDREN › Subchapter II. Custody Proceedings › § 729. Modification of prior orders.

§ 729. Modification of prior orders.
(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;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7. PARENTS AND CHILDREN › Subchapter II. Custody Proceedings › § 730. Petition to modify custody.

§ 730. Petition to modify custody.
A party seeking to modify a custody order shall file a verified petition setting forth facts supporting the requested modification.
59 Del. Laws, c. 569, §  4;  70 Del. Laws, c. 186, §  1;  75 Del. Laws, c. 378, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7. PARENTS AND CHILDREN › Subchapter II. Custody Proceedings › § 731. Attorneys' fees.

§ 731. Attorneys' fees.
The Court from time to time, after considering the legal and factual basis for the action, the results obtained, the financial resources of the parties, and such other factors as the Court deems just and equitable, may order a party to pay all or part of the cost to another party of maintaining or defending any proceedings under this chapter and for attorney's fees, including sums for legal services rendered and costs incurred prior to the commencement of such proceedings. The Court may order that the amount be paid directly to the attorney, who may enforce the order in such attorney's own name.
59 Del. Laws, c. 569, §  4;  67 Del. Laws, c. 236, §  8;  70 Del. Laws, c. 186, §  1;  84 Del. Laws, c. 42, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7. PARENTS AND CHILDREN › Subchapter II. Custody Proceedings › § 732. Procedural rights.

§ 732. Procedural rights.
Each party to a proceeding under this chapter (including the child, if counsel or a guardian ad litem for the child has been appointed by the Court) shall possess all the procedural rights which those parties would have heretofore possessed in any proceeding brought pursuant to this chapter in the Superior Court of this State, including, but not limited to, the following:
(1) Right to institute and retain complete control of the suit;
(2) Right to select counsel; and
(3) Right to appeal to the Supreme Court of this State on the record from interlocutory or final orders, such appeals to be in the form and manner provided by the Rules of the Supreme Court.
67 Del. Laws, c. 236, §  9;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7. PARENTS AND CHILDREN › Subchapter II. Custody Proceedings › § 733. Stepparent custody in certain circumstances.

§ 733. Stepparent custody in certain circumstances.
Notwithstanding that there is a surviving natural parent, upon the death or disability of the custodial or primary placement parent, the Court, at the request of the stepparent shall continue the placement of the child or children with the stepparent pending a hearing on the merits, provided the child has or children have resided with the stepparent immediately prior to the death or disability of the custodial or primary placement parent. Where the child has or children have so resided with the stepparent the Court shall apply the provisions of § 722 of this title and may grant permanent custody or primary physical placement to the stepparent. If the Court grants custody or primary placement of the child or children to the stepparent, the stepparent shall have all of the rights and obligations of a parent until such time as the stepparent no longer has custody or primary placement of the child or children.
70 Del. Laws, c. 146, §  1;  70 Del. Laws, c. 186, §  1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7. PARENTS AND CHILDREN › Subchapter II. Custody Proceedings › § 734. Relocation.

§ 734. Relocation.
When in the course of litigation involving custody or visitation, there is a proposed relocation of a child for a period of 60 days or more involving either a move outside the State of Delaware or a move that materially affects the current custodial and residential arrangement or order, the Court must consider the following factors:
(1) The nature, quality, extent of involvement, and duration of the child's relationship with the individual proposing to relocate and with the nonrelocating individual, siblings, and other significant individuals in the child's life.
(2) The age, developmental stage, needs of the child, and the likely impact the relocation will have on the child's physical, educational, and emotional development, taking into consideration any special needs of the child.
(3) The feasibility of preserving the relationship between the nonrelocating individual and the child through suitable visitation arrangements, considering the logistics and financial circumstances of the parties.
(4) The child's preference, taking into consideration the age and maturity of the child.
(5) Whether there is an established pattern of conduct of the individual seeking the relocation, either to promote or thwart the relationship of the child and the nonrelocating individual;
(6) Whether the relocation of the child will enhance the general quality of life for both the individual seeking the relocation and the child, including financial or emotional benefit or educational opportunity.
(7) The reasons of each individual for seeking or opposing the relocation.
(8) Any other factor affecting the best interest of the child.
83 Del. Laws, c. 171, § 1;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7A. CHILD PROTECTION FROM DOMESTIC VIOLENCE AND SEX OFFENDERS ACT › Subchapter I. Child Protection From Domestic Violence Act › § 701A. Title.

§ 701A. Title.
This subchapter shall be known as and may be cited as the “Child Protection From Domestic Violence Act.”
69 Del. Laws, c. 309, §  4;  76 Del. Laws, c. 174, §  3;
2023 Delaware Code › Title 13 - Domestic Relations › Chapter 7A. CHILD PROTECTION FROM DOMESTIC VIOLENCE AND SEX OFFENDERS ACT › Subchapter I. Child Protection From Domestic Violence Act › § 702A. Purpose.

§ 702A. Purpose.
The purpose of this subchapter is to protect children from domestic violence and the harm caused by experiencing domestic violence in their homes.
69 Del. Laws, c. 309, §  4;  76 Del. Laws, c. 174, §  3;