Delaware Custody Modification Agreement

AGREEMENT TO MODIFY CUSTODY ORDER

In the Family Court of the State of Delaware

In and For [________________________________] County

(Select one: ☐ New Castle County ☐ Kent County ☐ Sussex County)

Petition No.: [________________________________]

In Re the Custody of:

Petitioner (Parent A): [________________________________]

Respondent (Parent B): [________________________________]

RECITALS AND STATUTORY BASIS FOR MODIFICATION

A. The Parents are parties to a prior custody order entered by the Family Court of the State of Delaware on [__/__/____], Case No. [________________________________] (the "Original Order").

B. Pursuant to Del. Code tit. 13, § 729, the Parents seek to modify the Original Order based on the following changed circumstances:

[________________________________]
[________________________________]
[________________________________]

C. Delaware law establishes distinct modification standards depending on the timing and nature of the original order:

☐ Consent Order or Interim Order (§ 729(a)): The Original Order was entered by consent of all parties or as an interim order. Modification is permitted at any time in accordance with the best interest factors of § 722.

☐ Contested Order — Within Two Years (§ 729(b)): The Original Order was entered after contested proceedings less than two years ago. The Parents acknowledge that modification requires a showing that the present environment of the child endangers the child's physical health or significantly impairs the child's emotional development.

☐ Contested Order — After Two Years (§ 729(c)): The Original Order was entered after contested proceedings more than two years ago. Modification is subject to the Court's consideration of: (i) whether modification may serve to better promote the best interests of the child; (ii) the potential harm to the child from a change in environment; and (iii) each parent's past and present compliance with their custodial responsibilities.

☐ Visitation-Only Modification (§ 729(a)): This modification pertains only to visitation/contact schedules, which may be modified at any time if the child's best interests would be served.

D. Both Parents have completed the mandatory Parenting Education Class as required by Family Court procedures, or will complete it before the Court acts on this Agreement.

☐ Parent A completed Parenting Education on [__/__/____]
☐ Parent B completed Parenting Education on [__/__/____]
☐ Not previously completed; will complete prior to Court approval

E. Both Parents affirm that this modification is voluntary, not the product of coercion or duress, and serves the best interests of the child(ren) under the eight factors of Del. Code tit. 13, § 722.

ARTICLE I — DELAWARE BEST INTEREST ANALYSIS (§ 722)

The Parents have considered each of the eight statutory best interest factors in reaching this Agreement:

1. Wishes of the Parents (§ 722(a)(1)):
[________________________________]

2. Wishes of the Child (§ 722(a)(2)):
The child(ren)'s preferences have been considered in light of age and maturity.
[________________________________]

3. Interaction and Interrelationship (§ 722(a)(3)):
The child(ren)'s relationships with parents, grandparents, siblings, and household members have been considered.
[________________________________]

4. Adjustment to Home, School, and Community (§ 722(a)(4)):
[________________________________]

5. Mental and Physical Health (§ 722(a)(5)):
[________________________________]

6. Past and Present Compliance (§ 722(a)(6)):
Each Parent's compliance with their parental rights and responsibilities has been evaluated.
[________________________________]

7. Evidence of Domestic Violence (§ 722(a)(7)):
☐ No history of domestic violence exists.
☐ Domestic violence history exists and has been addressed as follows: [________________________________]
(See Del. Code tit. 13, Chapter 7A — if domestic violence is present, the presumption under § 705A applies.)

8. Criminal History of Parties or Household Members (§ 722(a)(8)):
☐ No relevant criminal history.
☐ Criminal history exists as follows: [________________________________]

ARTICLE II — MODIFICATIONS TO CUSTODY ARRANGEMENT

Section 2.1 — Modification of Legal Custody

Original Arrangement: [________________________________]

Modified Arrangement (select one):

☐ Joint Legal Custody (§ 727): Both Parents shall share joint legal custody with equal decision-making authority regarding education, medical treatment, religious upbringing, and extracurricular activities. Delaware law favors joint legal custody as it "enhances the active participation of both parents in the child's life."

☐ Sole Legal Custody to Parent A / Parent B: [________________________________] shall have sole legal custody with exclusive decision-making authority. The non-custodial Parent retains the right to receive material information about the child's school progress, medical treatment, significant developments, school activities and conferences, special religious events, and other activities per § 727.

☐ No Change to Legal Custody.

Section 2.2 — Modification of Residential Arrangement

Original Arrangement: [________________________________]

Modified Arrangement (select one):

☐ Shared Residential Arrangement: The child(ren) shall reside with each Parent according to the schedule in Section 2.3.

☐ Primary Residence with Parent A / Parent B: The child(ren)'s primary residence shall be with [________________________________] at the following address:
[________________________________]
[________________________________]

The other Parent shall have contact/visitation per the schedule in Section 2.3.

☐ No Change to Residential Arrangement.

School District: [________________________________]

Section 2.3 — Modified Contact Schedule

The following schedule supersedes the contact schedule established in the Original Order:

Regular Schedule:
| Day/Time | Parent A | Parent B |
|---|---|---|
| Monday | [____] | [____] |
| Tuesday | [____] | [____] |
| Wednesday | [____] | [____] |
| Thursday | [____] | [____] |
| Friday | [____] | [____] |
| Saturday | [____] | [____] |
| Sunday | [____] | [____] |

Exchange Times: [________________________________]

Exchange Location: [________________________________]

Transportation: [________________________________]

Section 2.4 — Modified Holiday and Vacation Schedule

Summer Vacation: Each Parent shall have [____] weeks of uninterrupted vacation time with [____] days' advance written notice.

Section 2.5 — Modification of Supervision Requirements (If Applicable)

☐ Not applicable — no supervision requirements.

☐ Supervised visitation modified as follows:
Original supervision requirement: [________________________________]
Modified arrangement: [________________________________]
Basis for modification: [________________________________]

☐ Supervision imposed: Based on [________________________________], Parent [____]'s contact shall be supervised by [________________________________] at [________________________________].

Section 2.6 — Modification of Relocation Restrictions

☐ Not applicable.

☐ Pursuant to Del. Code tit. 13, § 734, the relocation provisions are modified as follows:
[________________________________]

(Note: Under § 734, relocation of a child outside Delaware or for 60+ days that materially affects custody requires court approval. The Court evaluates factors including the child's relationships, developmental needs, feasibility of maintaining contact with the non-relocating parent, the child's preference, and quality-of-life enhancements.)

ARTICLE III — COMMUNICATION AND INFORMATION SHARING

Section 3.1 — Parent-to-Parent Communication

Parents shall communicate regarding the child(ren) through: ☐ Email ☐ Text ☐ Co-parenting app ([________________________________]) ☐ Other: [________________________________]

Section 3.2 — Parent-Child Communication

The Parent not exercising residential time shall have contact with the child(ren):
☐ Daily phone/video calls at [________________________________]
☐ Unrestricted reasonable contact
☐ Other: [________________________________]

Section 3.3 — Information Rights Under § 727

Consistent with Del. Code tit. 13, § 727, each Parent retains the right to receive material information concerning:

• The child's progress in school
• Medical treatment and health status
• Significant developments in the child's life
• School activities and conferences
• Special religious events
• Other activities in which parents may wish to participate
• Reasonable access to the child by telephone or mail

Both Parents shall ensure the other Parent is listed as an emergency contact and authorized to receive information from schools and medical providers.

ARTICLE IV — DELAWARE FAMILY COURT ENFORCEMENT PROVISIONS

Section 4.1 — Enforcement Under § 728

The Parents acknowledge that the Family Court has broad enforcement powers under Del. Code tit. 13, § 728, including:

• Awarding additional contact time to compensate for wrongfully denied contact
• Transferring temporary custody for up to 30 days
• Imposing surcharges of up to 10% of the violating parent's monthly support obligation
• Imposing fines or imprisonment for contempt

Section 4.2 — Police Enforcement

Pursuant to § 727, law enforcement officers may enter private property to enforce a custody order issued by the Family Court.

Section 4.3 — Contempt of Court

Willful violation of this Agreement, once incorporated into a Court order, constitutes contempt of the Family Court and may result in sanctions including fines, incarceration, modification of custody, and attorney's fee awards.

ARTICLE V — DOMESTIC VIOLENCE PROVISIONS (IF APPLICABLE)

☐ This section does not apply. Neither party has a history of domestic violence.

☐ Domestic violence provisions apply. Pursuant to Del. Code tit. 13, § 705A:

A parent who has committed an act of domestic violence is presumed to be unfit to serve as sole or joint custodian. This presumption may be overcome only if that parent demonstrates:

☐ No further acts of domestic violence have occurred
☐ Completion of a family violence perpetrator treatment program
☐ Completion of substance abuse counseling (if applicable)
☐ That custody or contact would serve the child's best interests

If contact is granted to a parent with a domestic violence history, protective conditions include:
[________________________________]

ARTICLE VI — ADDITIONAL PROVISIONS

Section 6.1 — Parenting Education

Both Parents shall complete or have completed the Delaware Family Court mandatory Parenting Education Class. If domestic violence is involved, both Parents shall also attend the domestic violence seminar addressing how domestic violence harms children.

Section 6.2 — Mediation

Before seeking further modification through the Court, the Parents agree to participate in mediation through the Delaware Family Court Mediation Program or a qualified private mediator, except in cases involving domestic violence or immediate safety concerns.

Section 6.3 — Right of First Refusal

☐ Not applicable.
☐ If either Parent is unavailable to care for the child(ren) for more than [____] consecutive hours during that Parent's residential time, the other Parent shall be offered the opportunity to provide care before third-party childcare is arranged.

Section 6.4 — Non-Disparagement

Neither Parent shall make negative or disparaging remarks about the other Parent in the presence of the child(ren) or permit others in their household to do so.

Section 6.5 — Substance Restrictions

Neither Parent shall consume alcohol to the point of impairment or use any controlled substance not prescribed by a physician during residential time or within 12 hours prior to the start of residential time.

Section 6.6 — Future Modifications

Any future modification of this Agreement shall be sought in accordance with Del. Code tit. 13, § 729 and the applicable modification standard based on timing and nature of the order.

ARTICLE VII — PROVISIONS REMAINING UNCHANGED

All provisions of the Original Order not expressly modified by this Agreement remain in full force and effect. This Agreement, together with the unmodified provisions of the Original Order, constitutes the complete custody arrangement between the Parents.

ARTICLE VIII — COURT APPROVAL AND FILING

Section 8.1 — Submission to Family Court

This Agreement shall be submitted to the Family Court of the State of Delaware in and for [________________________________] County for review and approval.

Filing Location:

☐ New Castle County: Leonard L. Williams Justice Center, 500 North King Street, Wilmington, DE 19801

☐ Kent County: Family Court, 400 Court Street, Dover, DE 19901

☐ Sussex County: Family Court, 100 East Market Street, Georgetown, DE 19947

Section 8.2 — Required Forms

The following forms shall accompany this Agreement:
☐ Petition to Modify Custody (or Stipulation of the Parties)
☐ Custody, Visitation and Guardianship Disclosure Report (Form #364)
☐ Proof of completion of Parenting Education Class
☐ Proposed Order

Section 8.3 — Court Review Standard

The Court will review this Agreement to determine whether the proposed modifications serve the best interests of the child(ren) under § 722 and satisfy the applicable modification standard under § 729.

Section 8.4 — Incorporation into Court Order

Upon approval, this Agreement shall be incorporated into and made part of a Family Court order, enforceable through the Court's contempt and enforcement powers.

EXECUTION

The undersigned Parents affirm that they have read this Agreement, understand its terms, enter into it voluntarily, and believe it serves the best interests of the child(ren).

PARENT A:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

PARENT B:

Signature: [________________________________]
Printed Name: [________________________________]
Date: [__/__/____]
Address: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

VERIFICATION

STATE OF DELAWARE )
) ss.
COUNTY OF [________________________________] )

I, [________________________________], being duly sworn, state that the facts set forth in this Agreement are true and correct to the best of my knowledge, information, and belief.

Signature: [________________________________]
Sworn to and subscribed before me this [____] day of [________________________________], 20[____].

[________________________________]
Notary Public, State of Delaware
My Commission Expires: [__/__/____]

ORDER OF THE FAMILY COURT

The Family Court of the State of Delaware, in and for [________________________________] County, having reviewed the foregoing Agreement to Modify Custody Order and having determined that the modifications serve the best interests of the child(ren) pursuant to Del. Code tit. 13, § 722 and satisfy the requirements of § 729, hereby:

ORDERS that the Agreement is APPROVED and incorporated into this Order of the Court.

ORDERS that the Original Order dated [__/__/____], Case No. [________________________________], is modified consistent with the terms of this Agreement.

ORDERS that all provisions of the Original Order not expressly modified herein remain in full force and effect.

Date: [__/__/____]

[________________________________]
Judge, Family Court of the State of Delaware

Sources and References

• Del. Code tit. 13, § 722 — Best interests of child (eight statutory factors)
• Del. Code tit. 13, § 727 — Custody rights, information access, police enforcement
• Del. Code tit. 13, § 728 — Residence, visitation, and enforcement sanctions
• Del. Code tit. 13, § 729 — Modification of prior orders (consent/interim orders, within 2 years, after 2 years)
• Del. Code tit. 13, § 734 — Relocation requirements
• Del. Code tit. 13, § 705A — Domestic violence presumption against custody
• Del. Code tit. 13, Chapter 7A — Child Protection from Domestic Violence Act
• Delaware Family Court Petition for Custody (Form #345)
• Delaware Family Court Disclosure Report (Form #364)
• Delaware Family Court Parenting Education Program
• Delaware Family Court Mediation Program
• Delaware Courts website: https://courts.delaware.gov/family/custody/