(Delaware) Supreme Court holds that a grandmother’s unsupervised visitation is not in grandchild’s best interest. - BY: GERMELA H.

Link for opinion: http://courts.delaware.gov/opinions/download.aspx?ID=189820 Title: Pursuant to Del Code Ann. Tit. 13 § 722,Supreme Court holds that a grandmother’s unsupervised visitation is not in grandchild’s best interest. The Supreme Court of Delaware held in Frank v. Stewart, 67 A.3d 1022 (Del. Supr., 2013) that the Appellant failed to establish by preponderance of the evidence that such visitation would be in the grandchild’s best interest. In January 2011, Frank filed a petition for a third-party/grandparent visitation in the Family Court. The petition was consolidated with Stewart’s petition for custody and the petition for grandchild’s father for visitation. The court entered a temporary order permitting Frank visitation with Caroline during the father’s visitation scheduled at the Family Visitation Center. After further consolidated review, the Family Court denied the petition of Frank for unsupervised visitation. This appeal ensues. Appellant claimed that the Family Court erred and abused its discretion in denying her petition for unsupervised visitation with Caroline. The Supreme Court disagrees. Pursuant to Del. Code Ann. Tit. 13, § 722, a third-party obtaining visitation should prove by the preponderance of evidence that such visitation would be in the grandchild’s best interest. Appellant failed to establish one of the factors that include: (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, or (d) the parent objects to the visitation; however, the petitioner has demonstrated, by clear and convincing evidence, that the objection is unreasonable, and has demonstrated by preponderance of evidence, that the visitation will not interfere with the parent/child relationship. Appellant failed to show the court any knowledge of the medical problems of the grandchild including fetal gastroschisis, a stomach problem that may cause intestinal blockage or hernia, and ventricular tachycardia, which is a breathing problem. After the reviewing the appeal, the Court affirmed the decision of the lower court and denied the petition of the Appellant for unsupervised visitation.