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Delaware Statutes, Title 13

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Delaware/Statutes

← All Delaware coverage

Title 13, Domestic Relations

21 chapters · 559 sections in this title.

All chapters in Title 13559 Ch 8, Uniform Parentage Act [Effective unt…117 Ch 6, UNIFORM INTERSTATE FAMILY SUPPORT ACT78 Ch 9, ADOPTION43 Ch 23, GUARDIANSHIP OF A CHILD40 Ch 19, UNIFORM CHILD CUSTODY JURISDICTION A…36 Ch 1, MARRIAGE30 Ch 7, PARENTS AND CHILDREN23 Ch 15, Divorce and Annulment23 Ch 22, Division of Child Support Services22 Ch 5, DESERTION AND SUPPORT20 Ch 7a, CHILD PROTECTION FROM DOMESTIC VIOLE…19 Ch 11, Termination and Transfer of Parental…19 Ch 2, Civil Unions18 Ch 25, DSCYF CUSTODY18

19 sections·Filtered byTitle 13✕Ch 7a✕

13 Del. C. § 701A. Title.
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§ 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;
13 Del. C. § 702A. Purpose.
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§ 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;
13 Del. C. § 703A. Definitions.
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§ 703A. Definitions. (a) “Domestic violence” includes but is not limited to physical or sexual abuse or threats of physical or sexual abuse and any other offense against the person committed by 1 parent against the other parent, against any child living in either parent’s home, o…
13 Del. C. § 704A. Fleeing from domestic violence.
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§ 704A. Fleeing from domestic violence. For purposes of this title, it shall not be considered evidence of abandonment in any child custody or visitation proceeding if a parent flees from domestic violence and temporarily leaves the child behind, as long as that child is not left…

13 Del. C. § 705A. Rebuttable presumption against custody or residence of minor child to perpetrator of domestic violence.

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§ 705A. Rebuttable presumption against custody or residence of minor child to perpetrator of domestic violence. (a) Notwithstanding other provisions of this title, there shall be a rebuttable presumption that no perpetrator of domestic violence shall be awarded sole or joint cust…

13 Del. C. § 706A. Evidence of domestic violence.

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§ 706A. Evidence of domestic violence. (a) Any evidence of a past or present act of domestic violence, whether or not committed in the presence of the child, is a relevant factor that must be considered by the court in determining the legal custody and residential arrangements in…

13 Del. C. § 707A. Counseling.

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§ 707A. Counseling. If the court awards sole or joint custody or primary residence to a parent who has a history of committing acts of domestic violence, that parent shall be ordered to complete a program of evaluation and counseling designed specifically for perpetrators of fami…

13 Del. C. § 708A. Visitation.

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§ 708A. Visitation. Notwithstanding the other provisions of this title, in all cases in which the court finds by a preponderance of the evidence that 1 of the child’s parents has committed an act of domestic violence against the child, against the other parent or against any othe…

13 Del. C. § 709A. Modification of orders.

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§ 709A. Modification of orders. Notwithstanding other provisions of this title: (1) An order concerning visitation may be modified at any time if necessary to protect the safety of the child or the child’s parent in light of acts of domestic violence that have occurred since the …

13 Del. C. § 710A. Sexual abuse.

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§ 710A. Sexual abuse. Repealed by 76 Del. Laws, c. 174, § 5, effective July 31, 2007.

13 Del. C. § 711A. Ordered mediation prohibited.

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§ 711A. Ordered mediation prohibited. Notwithstanding any other provision of law to the contrary, Family Court mediation conferences shall be prohibited in any child custody or visitation or support proceeding in which 1 of the parties has been found by a court, whether in that p…

13 Del. C. § 721A. Title.

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§ 721A. Title. This subchapter shall be known as and may be cited as the “Child Protection from Sex Offenders Act.”76 Del. Laws, c. 174, § 6;

13 Del. C. § 722A. Purpose.

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§ 722A. Purpose. The purpose of this subchapter is to protect children from sex offenders by presuming that it is not in the best interests of a child to be placed in a custodial, residential or unsupervised visitation arrangement with a sex offender, regardless of whether the se…

13 Del. C. § 723A. Definitions.

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§ 723A. Definitions. For the purposes of this subchapter, a “sex offender” refers to any person designated by the courts of this State as a Risk Assessment Tier II or III sex offender under § 4121 of Title 11, or a person designated and treated as such by a court or a jurisdictio…

13 Del. C. § 724A. Rebuttable presumption against unsupervised visitation, custody or residence of a child to a sex offender.

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§ 724A. Rebuttable presumption against unsupervised visitation, custody or residence of a child to a sex offender. (a) Notwithstanding other provisions of this title, there shall be a rebuttable presumption that no sex offender shall be awarded sole or joint custody of any child,…

13 Del. C. § 725A. Findings.

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§ 725A. Findings. Should the court grant custody, residential responsibilities or visitation to a sex offender under this subchapter, the court shall make specific written findings in support of its decision, including any limitations or requirements for further counseling, servi…

13 Del. C. § 726A. Sexual abuse without a criminal conviction.

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§ 726A. Sexual abuse without a criminal conviction. In the absence of a criminal conviction, if the court finds by a preponderance of the evidence that a parent has sexually abused a child, the court shall prohibit all visitation and contact between that parent and the child, unt…

13 Del. C. § 727A. Modification of orders.

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§ 727A. Modification of orders. Notwithstanding other provisions of this title: (1) An order concerning visitation issued under this subchapter may be modified at any time if it is in the best interests of the child and/or it is necessary to protect the safety of the child. (2) A…

13 Del. C. § 728A. Ordered mediation prohibited.

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§ 728A. Ordered mediation prohibited. Notwithstanding any other provision of law to the contrary, Family Court mediation conferences shall be prohibited in any child custody or visitation proceeding in which 1 of the parties is a sex offender.76 Del. Laws, c. 174, § 6;