CHAPTER 378

FORMERLY

SENATE BILL NO. 298

AS AMENDED BY SENATE AMENDMENT NOS. 2 AND 4

AN ACT TO AMEND PART C, CHAPTER 9, TITLE 10, DELAWARE CODE, RELATING TO GRANDPARENTAL VISITATION RIGHTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend §944 (7), Part C, Chapter 9, Title 10, Delaware Code, by deleting it in its entirety and inserting in lieu thereof the following:

"(7) Upon petition thereto, grant grandparents reasonable visitation

rights as the Court shall determine with respect to the grandchild, regardless of marital status of the parents of the child or the relationship of the grandparents to the person having custody of the child; provided, however:

(a) that when the natural or adoptive parents of the child are cohabiting as husband and wife, grandparental visitation may not be granted over both parents' objection. The trier of fact shall make the ultimate decision based upon the best interest of the child.

(b) that wherever practicable, the Court shall provide that the maternal grandparents' visitation time shall occur when the child is placed with or has visitation with the mother and the paternal grandparents' visitation time shall occur when the child is placed with or has visitation with the father, irrespective of the place of residence of the parents and/or the grandparents, Unless otherwise agreed to by all parties involved."

Approved July 12, 1994.