Del. C. » Title 13 — · CHAPTER 24. Third-Party Visitation · Domestic Relations
Delaware Code

13 Del. C. § 2412 (2026)

Grounds for persons obtaining third-party visitation with a child

✓ current as of May 2026
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(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.

77 Del. Laws, c. 43, §  9;  77 Del. Laws, c. 337, §§  6, 7; 
Notes of Decisions
Cited in 9 cases (3 in the last 5 years), 2015–2025 · leading case: Grant v. Grant, 173 A.3d 1051 (Del. 2017).
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Grant v. Grant, 173 A.3d 1051 (Del. 2017). · cites it 2× “” 5 Accordingly, under Delaware’s Third Party Visitation statute, 13 Del. C. § 2412 (“Section 2412”), when a parent objects, to a third party’s request for visitation, “the parent’s determination of the child’s best interest will prevail unless the nonparent seeking visitation…”
Everett v. Scott (Del. 2016). · cites it 3× “Thus, 25 13 Del. C. § 2412(a). 26 Troxel, 530 U.S.”
Jarvis v. Mole & Band (Del. 2020). · cites it 3× “The best-interest factors include: (i) the wishes of the parents; (ii) the wishes of the child; (iii) the interaction of the child with his parents, relatives and any other residents of the household; (iv) the child’s adjustment to his home, school, and community; (v) the mental…”
Reed v. Chavez (Del. 2021). · cites it 3× “9 The Family Court’s order describes certain issues relating to the hearing exhibits, including that some were submitted late; the organization of the exhibits was difficult to follow; and the formatting of the exhibits made them difficult to review.”
Packwood v. Speller (Del. 2020). · cites it 2× “7 13 Del. C. § 2412(a)(1). 8 13 Del. C. § 2412(a)(2)(d).”
Harris v. Clarke (Del. 2023). · cites it 2× “8 13 Del. C. § 2412(a)(1). 9 13 Del. C. § 2412(a)(2)(d).”
Burk v. Kurtis (Del. 2025). · cites it 2× “Applying the test for third- party visitation set forth in 13 Del. C. § 2412, the Family Court found that Mother objected to the Petition, but that Paternal Grandparents had (i) established, by clear and convincing evidence, that her objection was unreasonable, and (ii)…”
Lepage v. Macklin (Del. 2018). “The Family Court correctly applied the law in determining that Macklin satisfied the standard for third-party visitation under 13 Del. C. § 2412. Under the circumstances, we find no error or abuse of discretion in the Family Court’s ruling.”
Samuels v. Jowers (Del. 2015). “(9) With the exception of the Father’s claim that the Children did not mention the Grandmothers to their counselor or the Father, the Father did not raise these claims, some of which are based on events after the April 2015 hearing, in 6 13 Del. C. § 2412. 5 the Family Court…”
13 Del. C. § 2412(a): 2 cases
Everett v. Scott (Del. 2016). “Thus, 25 13 Del. C. § 2412(a). 26 Troxel, 530 U.S.”
Burk v. Kurtis (Del. 2025). “Applying the test for third- party visitation set forth in 13 Del. C. § 2412, the Family Court found that Mother objected to the Petition, but that Paternal Grandparents had (i) established, by clear and convincing evidence, that her objection was unreasonable, and (ii)…”
13 Del. C. § 2412(a)(1): 4 cases
Packwood v. Speller (Del. 2020). “7 13 Del. C. § 2412(a)(1). 8 13 Del. C. § 2412(a)(2)(d).”
Jarvis v. Mole & Band (Del. 2020). “The best-interest factors include: (i) the wishes of the parents; (ii) the wishes of the child; (iii) the interaction of the child with his parents, relatives and any other residents of the household; (iv) the child’s adjustment to his home, school, and community; (v) the mental…”
Reed v. Chavez (Del. 2021). “9 The Family Court’s order describes certain issues relating to the hearing exhibits, including that some were submitted late; the organization of the exhibits was difficult to follow; and the formatting of the exhibits made them difficult to review.”
Harris v. Clarke (Del. 2023). “8 13 Del. C. § 2412(a)(1). 9 13 Del. C. § 2412(a)(2)(d).”
13 Del. C. § 2412(a)(2): 1 case
Reed v. Chavez (Del. 2021). “9 The Family Court’s order describes certain issues relating to the hearing exhibits, including that some were submitted late; the organization of the exhibits was difficult to follow; and the formatting of the exhibits made them difficult to review.”
13 Del. C. § 2412(a)(2)(d): 4 cases
Everett v. Scott (Del. 2016). “Thus, 25 13 Del. C. § 2412(a). 26 Troxel, 530 U.S.”
Jarvis v. Mole & Band (Del. 2020). “The best-interest factors include: (i) the wishes of the parents; (ii) the wishes of the child; (iii) the interaction of the child with his parents, relatives and any other residents of the household; (iv) the child’s adjustment to his home, school, and community; (v) the mental…”
Packwood v. Speller (Del. 2020). “7 13 Del. C. § 2412(a)(1). 8 13 Del. C. § 2412(a)(2)(d).”
Harris v. Clarke (Del. 2023). “8 13 Del. C. § 2412(a)(1). 9 13 Del. C. § 2412(a)(2)(d).”
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