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Equal Access To Justice
"DON'T I HAVE THE RIGHT TO VISIT MY GRANDCHILDREN?"
Delaware recognizes the right of grandparents to seek visitation with their grandchildren. However, such visitation is not granted in every case.
Under Delaware law, grandparents may ask the Family Court to grant them reasonable visitation rights regardless of whether the child's parents are married, separated, or divorced, and regardless of the relationship of the grandparents to the person having custody of the child.
If the natural or adoptive parents are living together as husband and wife, the Court will not grant grandparental visitation if both parents object. Also, whenever practicable, the Court will provide that the maternal grandparents' visitation shall occur when the child is with the mother, and the paternal grandparents' visitation shall occur when the child is with the father, unless all of the parties agree to some other arrangement.
As in other cases, where a grandparent seeks visitation the Court will use the "best interest of the child" standard. The burden is on the grandparent to show that visitation with him or her is in the child's best interest.
In deciding whether to award grandparental visitation rights, the Court will considers such things as:
- The wishes of the child's parents;
- The wishes of the child; and
- The nature of any prior relationship with the grandparent.