Delaware Code Title 13 Sec. 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 petitioner has demonstrated, by clear and convincing evidence, that the objection is unreasonable; and has demonstrated, by a preponderance of evidence, that the visitation will not substantially interfere with the parent/child relationship.
Terms Used In Delaware Code Title 13 Sec. 2412
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(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.