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 custody order under this subchapter may be modified as provided for in § 729 of this title; however, in determining whether a custody award should be modified, the court shall not consider noncompliance with an existing custody or visitation order or noncompliance with the duties and responsibilities under § 727 of this title if such noncompliance was caused by the parent’s attempt at protection of the child from sexual abuse since the entry of the court’s most recent custody or visitation order.
76 Del. Laws, c. 174, § 6.
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