State of Delaware's Regulations for Grandparent Visitation

In Delaware, grandparents are able to petition the court for visitation rights.

While they are not granted a guarantee, grandparents are given consideration for child visitation in Delaware. They may file a petition whether the child is in the custody of parents, guardians or the state.

Eligibility/Restriction

There are restrictions to visitation rights for grandparents.

According to the Delaware Code, a proven familial relationship to the child is required. However, if a parent's rights have been terminated, that party's family cannot file for visitation unless more than three years have passed since the parent's rights were terminated and the child has not been adopted, or a legally recognized agreement exists with the child's adoptive parent(s).

Considerations

In addition, Delaware State Courts refer to the U.S. Supreme Court, which ruled that heavy consideration should be given to the parent's opinion on visitation, unless that parent is deemed unfit. The visitation must be in the "best interest of the child."

Procedure

Delaware State Courts require an eligible grandparent to file a Petition for Third Party/Grandparent Visitation. A summons is then issued to the child's parent(s) or guardian(s). A mediator will try to facilitate an agreement between the parties and, if one is reached, a consent order is signed. If mediation does not work, the case will be assigned to a judge for a hearing.

References

• State of Delaware: Chapter 24.Third Party Visitation
• Delaware State Courts: Visitation Instruction Packet
• Delaware State Courts: Third Party/Grandparent Visitation

Resources

• State of Delaware: About the Family Law Commission