1. Parenting & Family

Discuss in my forum

Delaware Grandparents Rights

Intact Families May Deny Grandparents Rights

By , About.com Guide

Delaware statutes allow grandparents "reasonable visitation rights" as determined by the court. However, when the parents of the child have an intact marriage and object to grandparent visitation, the court is unlikely to grant visitation in opposition to the parental wishes. This brings the state into alignment with the U.S. Supreme Court case of Troxel v. Granville. The best interest of the child is, of course, always considered. The court may consider such factors as the wishes of the child and the nature of any prior relationship with the grandparent when determining the child's best interests.

Delaware law further provides that if workable, the maternal grandparents should visit when the child is with the mother, and the paternal grandparents when the child is with the father.

Adoption cuts off all visitation rights of grandparents.

See Delaware statutes. Look for Title 10, Chapter 9, Subchapter III, Section 1031.7.

Go back to grandparents rights by state.

©2012 About.com. All rights reserved.

A part of The New York Times Company.