I live in Delaware and my exhusband is deceased. My current husband is adopting my two children from my previous marriage. Does the step parent adoption terminate my ex inlaws grandparent rights?

Yes

I live in Delaware and my exhusband is deceased. My current husband is adopting my two children from my previous marriage. Does the step parent adoption terminate my ex inlaws grandparent rights? I've tried doing my own research and in some states the court will grant grandparents rights if one of the parents is deceased and it is a step parent adoption, but I couldn't find anything on Delaware statutes regarding this. All I found is adoption cuts of grandparents rights. Are there any stipulations in Delaware?

I think I have deleted your duplicate posts and merged this all into one. Please do not start new threads but just add to this one

I guess my issue with the question in general is why should it matter what the state law is.

You should by all moral reasons allow the grandparents have visits. It is not their fault their son died, and they should not be forced to lose not only their son but also the grandkids.

It is just not beleivable that someone would even consider not allowing them to have visits no matter what the state law is.

Fr_Chuck: Im not trying to terminate the relationship between my ex inlaws and my grandchildren. There is a terrible history with the whole situation. I have actually been giving them reasonable visitation and contact with them. They are taking me to court for third party visitation in hopes that they would get the same parental rights their son had. My children have been through so much with all the turmoil and travelling back n forth. Now my children have a stable environment and their stepfather who has been more of a father to them than their own bioligical father did. They are extremely happy and my son is doing very well in school. So rather than state your opinion and judge me right away, I would appreciate it if you would ask questions if you would like more information.

§ 2410. Persons eligible to petition for third-party visitation.

(a) Unless otherwise specified in this chapter, any adult person or persons may file a petition for a third-party visitation order regarding a child not his, hers, or theirs against the child's guardians, parents, or DSCYF, provided that the adult person or persons can establish that the adult person or persons petitioning for visitation:

(1) Has a substantial and positive prior relationship with the child; or

(2) Is a grandparent, aunt, uncle or adult sibling of the child.

(d) Notwithstanding subsections (a) through (c) of this section, if a parent's rights have been terminated in the child with whom a parent seeks third-party visitation, the terminated parent and the terminated parent's relatives are prohibited from filing for third-party visitation unless:

(1) More than 3 years have passed since the termination of parental rights order was entered and the child has not been adopted; or

(2) The adoptive parent, if there is only 1 adoptive parent, or both adoptive parents have previously entered into a written notarized agreement or court-approved agreement for continued visitation and a copy of the agreement is attached to the petition.

§ 2412. Grounds for persons obtaining third-party visitation with a child.

(a) Prior to granting a third-party visitation order the Court shall, find after a hearing on the merits, or accept the agreement of the parties that:

(1) Third-party visitation is in the child's best interests; and,

(2) One of the following as to each parent:

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 a preponderance of evidence, that the visitation will not substantially interfere with the parent/child relationship.

There was § 1031. Disposition.(7) Adoption cuts off all visitation rights of grandparents.
... but this article was repealed, because now a child may have 10 /ten/ legal parents in the state of Delaware./ it IS NOT a joke/

I found the same thing that Adoption terminates rights. But, as usual, GV70 does better research. The thing is, from reading the statute, I don't believe a 3rd party would be granted the same level of visitation as a parent. So if they are petitioning for that level I doubt if they will get it. That also means if you have been providing a reasonable level of visitation, you may be able to have the petition dismissed on those grounds.

On a side note re your response to Chuck, we have to make judgments here it goes with the territory. If you want to avoid being judged over a misunderstanding, then YOU should provide more information. Had your original post stated that you were asking because the child's grandparents are petitioning for more visitation then you currently allow and plan to allow, Chuck's reaction would have been different.