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Current as of January 01, 2022 | Updated by FindLaw Staff
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, until it considers testimony from a certified mental health professional who is the therapist for the child, as to whether such a custodial, residential or visitation arrangement is in the child's best interests. If a custodial, residential or visitation arrangement is in the child's best interests, in determining same, the court should consider all relevant factors including:
(1) Whether the abusive parent has successfully completed a treatment program of evaluation and counseling that is specifically designed for sexual abusers and is conducted by a public or private agency or a certified mental health professional, and as a result, does not pose a risk to children;
(2) Whether the abusive parent has successfully completed a program of alcohol or drug abuse counseling if the court determines such counseling is appropriate; and
(3) Any testimony by a certified mental health professional who is the therapist for the sexually abusive parent.
Cite this article: FindLaw.com - Delaware Code Title 13. Domestic Relations § 726A. Sexual abuse without a criminal conviction - last updated January 01, 2022 | https://codes.findlaw.com/de/title-13-domestic-relations/de-code-sect-13-726a/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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