Del. Code Ann. tit. 13, § 2412
Grounds for persons obtaining third-party visitation with a child
77 Del. Laws, c. 43, § 9; 77 Del. Laws, c. 337, §§ 6, 7;
(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.