Delaware Grandparent’s Rights

Grandparent Rights to Visitation: Best interest of the child. Title 13, Section 728 (13 D.C.A. 728).

When Adoption Occurs: Adoption terminates all rights.

Child Custody Statutes: Best interests of the child considering: (1) wishes of the parents and the child, (2) interaction and interrelationship of child with parents, siblings, and other significant persons; (3) child’s adjustment to home, school and community; (4) mental and physical health of all persons involved. D.C.A. 13 721. Must submit affidavit that Petitioner has been advised of the following children’s rights: "(1) the right to a continuing relationship with both parents; (2) the right to be treated as an important human being, with unique feelings, ideas, and desires; (3) the right to continuing care and guidance from both parents; (4) the right to know and appreciate what is good in each parent without one parent degrading the other; (5) the right to express love, affection, and respect for each parent without having to stifle that love because of disapproval by the other parent; (6) the right to know that the parents’decision to divorce was not the responsibility of the child; (7) the right not to be a source of argument between the parents; (8) the right to honest answers to questions about the changing family relationships; (9) the right to be able to experience regular and consistent contact with both parents and the right to know the reason for any cancellation of time or change of plans; and (10) the right to have a relaxed, secure relationship with both parents without being placed in a position to manipulate one parent against the other." See 13 D.C.A. 701 and13 D.C.A. 721 et seq.

Parents May Choose: Yes

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