Grandparent Visitation Petition (Delaware)

PETITION FOR THIRD-PARTY (GRANDPARENT) VISITATION

Family Court of the State of Delaware

I. COURT CAPTION AND CASE INFORMATION

IN THE FAMILY COURT OF THE STATE OF DELAWARE
IN AND FOR [☐ NEW CASTLE ☐ KENT ☐ SUSSEX] COUNTY

File No.: [________________________________] (To be assigned by clerk)
Petition No.: [________________________________]

PETITION FOR THIRD-PARTY VISITATION (13 Del. C. § 2412)

II. PETITIONER (GRANDPARENT) INFORMATION (13 Del. C. § 2411(1))

III. RESPONDENT(S) — PARENT(S) / GUARDIAN(S) / DSCYF (13 Del. C. § 2411(4)-(5))

A. Mother

B. Father (and/or Alleged / Presumed Father)

C. Person/Organization Holding Parental Rights, Custody, or Guardianship (if other than a parent)

IV. MINOR CHILD(REN) (13 Del. C. § 2411(2))

Child 1:

Child 2 (if applicable):

V. JURISDICTION AND VENUE

A. UCCJEA Jurisdiction (13 Del. C. §§ 1901-1942)

☐ Delaware is the child's home state — the child has lived in Delaware with a parent or person acting as a parent for at least six (6) consecutive months immediately before this filing (or since birth, if under six months).
☐ Delaware is not the home state, but jurisdiction exists because (explain): [________________________________]

B. Venue

☐ Venue is proper in [New Castle / Kent / Sussex] County because the child resides there or is found there.

C. Related and Prior Proceedings

☐ No other proceeding concerning the custody or visitation of the child is pending or has been decided.
☐ The following proceeding(s) exist (court, file no., status): [________________________________]

VI. STANDING / ELIGIBILITY TO PETITION (13 Del. C. § 2410)

Petitioner is eligible to file this third-party visitation petition because Petitioner (check all that apply):

☐ Is a grandparent of the child (or an aunt, uncle, or adult sibling). (§ 2410(a)(2))
☐ Has a substantial and positive prior relationship with the child. (§ 2410(a)(1))

Petitioner further affirms (check if applicable):

☐ Petitioner's parental rights in the child have not been terminated (the § 2410(d) bar on terminated parents/their relatives does not apply); OR
☐ If a termination occurred, more than three (3) years have passed since the termination order and the child has not been adopted, OR a written notarized / court-approved agreement for continued visitation exists and is attached. (§ 2410(d))

VII. FACTUAL ALLEGATIONS — RELATIONSHIP WITH THE CHILD

A. History and Nature of the Relationship

Petitioner alleges the following relationship with the child:

[________________________________]
[________________________________]
[________________________________]

Petitioner further alleges (check all that apply):

☐ Petitioner has had regular contact with the child since [birth / date: __/__/____].
☐ The child resided with Petitioner from [__/__/____] to [__/__/____].
☐ Petitioner regularly provided care, supervision, or support for the child.
☐ Petitioner shared holidays, traditions, and significant events with the child.
☐ Other facts evidencing a substantial and positive relationship: [________________________________]

B. Circumstances Leading to This Petition

Describe how/when contact was reduced or denied and any efforts to resolve informally:

[________________________________]
[________________________________]

VIII. GROUNDS FOR VISITATION (13 Del. C. § 2412) — STATEMENT REQUIRED BY § 2411(6)

Before granting a third-party visitation order, the Court must find (after a hearing on the merits, or by agreement of the parties) both of the following:

A. Best Interests (§ 2412(a)(1))

☐ Third-party visitation with Petitioner is in the child's best interests (see best-interest factors in Section IX).

B. As to EACH Parent, One Ground Applies (§ 2412(a)(2))

Complete for each parent. As to that parent (check the applicable ground):

As to the Mother:
☐ (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.
☐ (d) The parent objects, but Petitioner will demonstrate (i) by clear and convincing evidence that the objection is unreasonable, and (ii) by a preponderance of the evidence that the visitation will not substantially interfere with the parent-child relationship.

As to the Father:
☐ (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.
☐ (d) The parent objects, but Petitioner will demonstrate (i) by clear and convincing evidence that the objection is unreasonable, and (ii) by a preponderance of the evidence that the visitation will not substantially interfere with the parent-child relationship.

Facts supporting the ground(s) selected above (including, for ground (d), why each objection is unreasonable and why visitation will not substantially interfere):

[________________________________]
[________________________________]
[________________________________]

IX. CONSTITUTIONAL STANDARD AND BEST-INTEREST FACTORS

A. Special Weight to a Fit Parent's Decision (Troxel v. Granville)

Petitioner acknowledges that a parent's interest in the care, custody, and control of his or her child is a fundamental liberty interest, and that a fit parent's decision regarding visitation is entitled to special weight. (Troxel v. Granville, 530 U.S. 57 (2000).) The § 2412(a)(2)(d) requirement that an objecting fit parent's objection be shown unreasonable by clear and convincing evidence implements this constitutional protection.

B. Best-Interest Factors (13 Del. C. § 722)

Petitioner alleges that visitation serves the child's best interests under the § 722 factors (check all that apply and provide facts):

☐ (1) The wishes of the child's parent(s) as to custody and residential arrangements: [________________________________]
☐ (2) The wishes of the child as to visitation (if of sufficient age/maturity): [________________________________]
☐ (3) The interaction and interrelationship of the child with parents, grandparents, siblings, and other persons who may significantly affect the child's best interests: [________________________________]
☐ (4) The child's adjustment to home, school, and community.
☐ (5) The mental and physical health of all individuals involved.
☐ (6) Past and present compliance by both parents with their rights and responsibilities to the child under 13 Del. C. § 701.
☐ (7) Evidence of domestic violence (13 Del. C. Chapter 7A).
☐ (8) The criminal history of any party or any other resident of the household.

X. REQUESTED VISITATION SCHEDULE

A. Regular Visitation

☐ Weekly: [days/times] [________________________________]
☐ Bi-weekly: [________________________________]
☐ Monthly: [________________________________]
☐ Other: [________________________________]

B. Holidays and Special Occasions

C. Transportation and Communication

☐ Petitioner will provide transportation. ☐ Exchange location: [________________________________]
☐ Telephone/video contact between visits: [frequency] [________________________________]

XI. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Find that Petitioner is eligible to petition for third-party visitation under 13 Del. C. § 2410;

B. After a hearing on the merits, find that third-party visitation with Petitioner is in the child's best interests, and find that the applicable ground under § 2412(a)(2) is satisfied as to each parent (including, where a parent objects, that the objection is unreasonable by clear and convincing evidence and that visitation will not substantially interfere with the parent-child relationship by a preponderance of the evidence);

C. Enter an order granting Petitioner reasonable visitation with the child(ren) pursuant to the schedule in Section X, or as the Court deems just;

D. Provide for reasonable communication and transportation arrangements;

E. Retain jurisdiction to modify the order under 13 Del. C. § 2413 if the best interests of the child would be served; and

F. Grant such other and further relief as the Court deems just and proper in the best interest of the child.

XII. VERIFICATION (13 Del. C. § 2411 — Petition Shall Be Verified)

I, [________________________________], declare under penalty of perjury under the laws of the State of Delaware:

1. I am the Petitioner in this proceeding.
2. I have read this Petition for Third-Party Visitation and know its contents.
3. The matters stated are true of my own knowledge, except as to those stated on information and belief, and as to those I believe them to be true.

Executed on [__/__/____], at [________________________________], Delaware.

_______________________________________________
[________________________________], Petitioner

Sworn to and subscribed before me on [__/__/____].

_______________________________________________
Notary Public
My commission expires: [__/__/____]

XIII. SIGNATURE — PETITIONER OR ATTORNEY

Respectfully submitted,

Dated: [__/__/____]

_______________________________________________
[________________________________]

XIV. NOTICE TO RESPONDENT(S)

TO EACH RESPONDENT: A Petition for Third-Party Visitation has been filed in the Family Court concerning the above-named child. You have the right to file a written answer, to appear at the hearing, to be represented by an attorney, and to present evidence and witnesses. If you object to visitation, the petitioner must prove your objection is unreasonable by clear and convincing evidence and that visitation will not substantially interfere with your relationship with the child. If you do not respond or appear, the Court may proceed in your absence.

XV. CERTIFICATE OF SERVICE

I certify that on [__/__/____], a true and correct copy of this Petition was served on the following in the manner indicated:

_______________________________________________
[________________________________] (Signature)

XVI. ATTACHMENTS

☐ UCCJEA Affidavit / Declaration
☐ Statement of efforts to locate any parent whose name or address is unknown (13 Del. C. § 2411(4))
☐ Exhibit A — Evidence of the relationship (photographs, communications, caregiving records)
☐ Exhibit B — Death certificate or documentation supporting the applicable § 2412 ground
☐ Exhibit C — Any existing custody/visitation orders or relevant proceedings
☐ Exhibit D — Written notarized / court-approved visitation agreement (if relying on § 2410(d) exception)
☐ Exhibit E — Other: [________________________________]
☐ Filing fee or Motion to Proceed In Forma Pauperis

XVII. SOURCES AND REFERENCES

Delaware Code (Title 13)

• 13 Del. C. § 2412 — Grounds for Persons Obtaining Third-Party Visitation with a Child
• 13 Del. C. § 2410 — Persons Eligible to Petition
• 13 Del. C. § 2411 — Contents of Petition
• 13 Del. C. § 2413 — Modification
• 13 Del. C. § 722 — Best Interests of the Child
• 13 Del. C. §§ 1901-1942 — Uniform Child Custody Jurisdiction and Enforcement Act

Controlling Constitutional Authority

• Troxel v. Granville, 530 U.S. 57 (2000) — A fit parent's decision regarding visitation is entitled to special weight.

Prepared for attorney review. This template is provided for informational purposes only and does not constitute legal advice. Where a non-dependent/neglected/abused child has two parents who both object, visitation may not be granted; verify all citations and the current Family Court form before filing.