DMR.2.13.040 Standards

The Court may order visitation rights if it finds that such an order would be in the best interests of the child. The Court shall take into account the following factors:

(a) The family relationship of the petitioner to the child, provided that visitation rights may be awarded notwithstanding the death or termination of parental rights of either or both of the child's parents.

(b) The length and quality of the relationship of the petitioner with the child.

(c) The family relationship, and length and quality of the relationship, between the petitioner and each of the child's parents and any other guardian.

(d) The nature of each of the parent's and other guardian's relationships with the child, and the parents' and guardians' ability to provide appropriate care to the child without visitation by the petitioner.

(e) The relationship between the child's parents, provided that visitation rights may be awarded whether or not the parents' relationship is intact.

(f) The child's wishes, taking into account the age of the child.

(g) The benefits and detriments to the child of awarding visitation rights to the petitioner.

(h) The feasibility of fashioning an award of visitation rights while minimizing interference with the parents' custodial rights.

(i) Such other factors as the Court deems appropriate.