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DE HB423

Bill

Status

Passed

7/2/2010

Primary Sponsor

John Mitchell

Click for details

Origin

House of Representatives

145th General Assembly

AI Summary

  • Amends Delaware's third-party visitation statute to clarify that courts' visitation orders apply to all proceedings under that section.

  • Expands the definition of eligible third parties from "relative" to specifically include "grandparent, aunt, uncle or adult sibling" in visitation petitions.

  • Changes references from "such person" to "the terminated parent" to more precisely identify which parent's rights are being addressed in parental termination cases.

  • 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.

  • 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

Committee Referrals

Judiciary6/10/2010
Judiciary5/27/2010

Full Bill Text

No bill text available