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Legal Information: Delaware

Statutes: Delaware

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December 8, 2020

§ 2412. Grounds for persons obtaining third party visitation with a child

(a) Prior to granting a third party visitation order the Court shall, find after a hearing on the merits, or accept the agreement of the parties that:

(1) Third party visitation is in the child’s best interests; and,

(2) One of the following as to each parent:

a. The parent consents to the third party visitation;

b. The child is dependent, neglected or abused in the parent’s care;

c. The parent is deceased; or

d. The parent objects to the visitation, however the Court having given special weight to the parent’s objection finds the visitation will not substantially interfere with the parent/child relationship.

Notwithstanding the above, if the child has 2 parents and the child is not dependent, neglected or abused in either parent’s care, visitation may not be granted where both parents object.

(b) Prior to granting an order for third party visitation between children, the Court shall find after a hearing on the merits, or accept the agreement of the parties, that the visitation is in the best interests of all children subject to the petition.