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Current as of January 01, 2022 | Updated by FindLaw Staff
(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.
(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.
Cite this article: FindLaw.com - Delaware Code Title 13. Domestic Relations § 2412. Grounds for persons obtaining third-party visitation with a child - last updated January 01, 2022 | https://codes.findlaw.com/de/title-13-domestic-relations/de-code-sect-13-2412/
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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