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DE HB423
Bill
Status
7/2/2010
Primary Sponsor
John Mitchell
Click for details
AI Summary
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Amends Delaware's third-party visitation statute to clarify that courts' visitation orders apply to all proceedings under that section.
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Expands the definition of eligible third parties from "relative" to specifically include "grandparent, aunt, uncle or adult sibling" in visitation petitions.
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Changes references from "such person" to "the terminated parent" to more precisely identify which parent's rights are being addressed in parental termination cases.
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Removes a provision that allowed two parents to collectively override a court's visitation decision, addressing an equal protection constitutional concern identified by trial court.
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Strengthens parental protections by requiring clear and convincing evidence that a parent's objection to visitation is unreasonable and preponderance of evidence that visitation will not substantially interfere with the parent-child relationship before visitation can be granted.
Legislative Description
An Act To Amend Title 13 Of The Delaware Code Relating To Domestic Relations And Third Party Visitation.
Last Action
Signed by Governor
7/2/2010