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Delaware Grandparent Visitation

Visitation rights for grandparents aren't automatically granted in a Delaware divorce. Grandparents will need to petition the divorce court for child visitation, which will then determine if grandparent visitation is in the best interest of the child.

When deciding the best interest of the child, the Delaware divorce court will consider the following factors:

  • Wishes of the parents and child
  • Relationship between the child and parents, sibling and other significant persons
  • Child's adjustment to home, school and community
  • Health of everyone involved

The petitioning grandparent must also submit an affidavit stating that he or she is aware the child has a right to:

  • Continue a relationship with both parents
  • Be treated as an important human being, with unique feelings, ideas and desires
  • Continuing care and guidance from both parents
  • Know and appreciate what is good in each parent without one parent degrading the other
  • Express love, affection and respect for each parent without having to stifle that love because of disapproval by the other parent
  • Know that the parents' decision to divorce was not the responsibility of the child
  • Not to be a source of argument between the parents
  • Honest answers to questions about the changing family relationships
  • Be able to experience regular and consistent contact with both parents
  • Know the reason for any cancellation of parenting time or change in plans
  • Have a relaxed, secure relationship with both parents without being placed in a position to manipulate one parent against the other

In adoption, the grandparent visitation rights are terminated.

Learn about your child visitation rights with a local Delaware divorce attorney. Call 877-349-1310 or fill out a Delaware divorce case review form to find local Delaware divorce lawyers near you. Protect your relationship with your grandchild during divorce.

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The above synopsis of Delaware divorce laws is by no means all-inclusive and has been adapted from applicable state laws. These laws may have changed since our last update and there may be additional laws that apply in your situation. For the latest information on these divorce laws, please contact a local Delaware divorce lawyer in your area.

Delaware divorce laws were last updated July 2009.

Note: Keep in mind that all divorce laws are complex. If you need legal divorce advice or want to fully understand how these laws affect you, please speak with a local divorce attorney.