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Delaware Grandparents Rights in Divorce
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:
13 D.C.A. 721.
- wishes of the parents and the child,
- interaction and interrelationship of child with parents, siblings, and other significant persons;
- child's adjustment to home, school and community;
- mental and physical health of all persons involved.
Must submit affidavit that Petitioner has been advised of the following children's rights:
See 13 D.C.A. 701 and13 D.C.A. 721 et seq.
- " the right to a continuing relationship with both parents;
- the right to be treated as an important human being, with unique feelings, ideas, and desires;
- the right to continuing care and guidance from both parents;
- the right to know and appreciate what is good in each parent without one parent degrading the other;
- the right to express love, affection, and respect for each parent without having to stifle that love because of disapproval by the other parent;
- the right to know that the parents' decision to divorce was not the responsibility of the child;
- the right not to be a source of argument between the parents;
- the right to honest answers to questions about the changing family relationships;
- 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
- the right to have a relaxed, secure relationship with both parents without being placed in a position to manipulate one parent against the other."
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