Delaware Code
Subchapter II. Third-Party Visitation Proceedings
§ 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.
(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.

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