The Superior Court may grant visitation with a child to a person other than a legal parent if the Court finds such visitation to be in the child’s best interests and one of the following is true:
A. One of the legal parent’s is deceased or has been missing for at least three (3) months
B. The child was born out-of-wedlock and the child’s legal parents are not married to each other at the time the Petition is filed
C. For grandparent or great-grandparent visitation, the marriage of the parents of the child has been dissolved for at least three (3) months
D. For in loco parentis (a person standing in the role of a parent) a proceeding for dissolution of marriage or for legal separation is pending at the time the petition is filed
In deciding whether to grant visitation to a third-party, the court must give special weight to the opinion of the legal parents of what serves their child’s best interests and consider the historical relationship between the child and the person seeking visitation, the motivation of the person requesting visitation, the motivation of the person objecting to visitation, the quantity of visitation time requested and the potential adverse impact that visitation would have on the child’s customary activities, and the benefit of maintaining an extended family relationship if one or both of the child’s parents are deceased.