Except as otherwise provided in § 1923 of this title, a court of this State may not modify a child custody determination made by a court of another state unless a court of this State has jurisdiction to make an initial determination under § 1920(a)(1) or (2) of this title and:

(1) The court of the other state determines it no longer has exclusive, continuing jurisdiction under § 1921 of this title or that a court of this State would be a more convenient forum under § 1926 of this title; or

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

73 Del. Laws, c. 426, § ?1;

Terms Used In Delaware Code Title 13 Sec. 1922

  • Child: means an individual who has not attained 18 years of age. See Delaware Code Title 13 Sec. 1902
  • Court: means the Family Court of the State. See Delaware Code Title 13 Sec. 1902
  • Initial determination: means the first child custody determination concerning a particular child. See Delaware Code Title 13 Sec. 1902
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency or instrumentality, public corporation, or any other legal or commercial entity. See Delaware Code Title 13 Sec. 1902
  • State: means a State of the United States, the District of Columbia, Puerto Rico, the United State Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. See Delaware Code Title 13 Sec. 1902
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