(a) Unless otherwise specified in this chapter, any adult person or persons may file a petition for a third-party visitation order regarding a child not his, hers, or theirs against the child’s guardians, parents, or DSCYF, provided that the adult person or persons can establish that the adult person or persons petitioning for visitation:
(1) Has a substantial and positive prior relationship with the child; or
(2) Is a grandparent, aunt, uncle or adult sibling of the child.
(b) Unless otherwise specified in this chapter, a guardian ad litem may petition for a third-party visitation order on behalf of the child against the child’s guardian, parent, and/or DSCYF if:
(1) The adult person with whom visitation is sought consents to visitation with the child and;
(2) The adult person with whom visitation is sought:
a. Has a substantial and positive prior relationship with the child; or
b. Is a grandparent, aunt, uncle or adult sibling of the child.
(c) Any child, through a guardian ad litem, may file a petition seeking visitation with any other child with whom they have at least 1 parent in common.
(d) Notwithstanding subsections (a) through (c) of this section, if a parent’s rights have been terminated in the child with whom a parent seeks third-party visitation, the terminated parent and the terminated parent’s relatives are prohibited from filing for third-party visitation unless:
(1) More than 3 years have passed since the termination of parental rights order was entered and the child has not been adopted; or
(2) The adoptive parent, if there is only 1 adoptive parent, or both adoptive parents have previously entered into a written notarized agreement or court-approved agreement for continued visitation and a copy of the agreement is attached to the petition.
77 Del. Laws, c. 43, § 9; 70 Del. Laws, c. 186, § 1; 77 Del. Laws, c. 337, §§ 2-5.
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