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Delaware Order of Reference-Termination of Parental Rights

State:
Delaware
Control #:
DE-GUARD-42
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Description

Order of Reference-Termination of Parental Rights

The Delaware Order of Reference-Termination of Parental Rights (DOCTOR) is a type of court order issued by a family court judge in the state of Delaware. It is issued when the court determines that terminating the parental rights of a parent is in the best interest of the child. The DOCTOR order officially terminates the parental rights of the parent and removes all legal responsibilities and obligations that a parent has to a child. This includes termination of the right to make decisions regarding the child’s education, medical care, and religious instruction, as well as the right to custody or visitation. There are two types of Delaware Order of Reference-Termination of Parental Rights: voluntary termination of parental rights and involuntary termination of parental rights. Voluntary termination of parental rights is when the parent agrees to give up their parental rights. Involuntary termination of parental rights is when the court determines that the parent is unfit or unable to provide a safe and healthy environment for the child and orders the termination of parental rights.

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FAQ

In Delaware, parents may share physical custody of their child, called joint custody. In these cases, both parents must work together to make decisions about the child's schooling, church attendance, medical care and other legal details. In other cases, the court may grant one parent sole custody of their child.

Delaware custody laws don't prescribe a certain age where a child's preference matters. Instead, a judge will weigh a child's preference ing to the unique circumstances of your case. Some Delaware judges have interviewed children as young as six about their desires regarding custody.

The intent of Termination of Parental Rights (?TPR?) is to legally and permanently terminate the relationship between a child and his/her parent. The law about TPR is found within Chapter 11 of Title 13 of the Delaware Code.

If I have custody, can I move from this state with my child? If a parent is going to move from this state with the child, that parent must tell the other parent as soon as he or she knows they are moving.

Interference with custody is a class A misdemeanor except that if the person who interferes with the custody of a child thereafter causes the removal of said child from Delaware, it is a class G felony.

Is Delaware the Correct State to File for Custody? Under Delaware law, parents are joint natural custodians of their children. When parents live separate and apart, either or both parents may file a petition in Family Court asking that the court award custody to him/her.

Unintentional abandonment is evidenced by both of the following: a. For at least 12 consecutive months of the 18 months preceding the filing of the petition, the respondent has failed to do all of the following: 1. Communicate or visit regularly with the child. 2.

A person is guilty of abandonment of a child when, being a parent, guardian or other person legally charged with the care or custody of a child, the person deserts the child in any place intending permanently to abandon the child. Abandonment of a child is a class E felony unless the child is 14 years of age or older.

More info

This form tells the judge and the other parent why the parent's rights should be terminated. Complete a written order.The judge should order the PHTPR as soon as practicable in reference to the actual or anticipated filing of a Petition for Termination of Parental Rights. The. Petitioner must then complete an Order of Reference (Form 110T) and the Court will issue an Order to the agency. You will receive a copy of this Order. FormTitleRevisedJU 04. G.S. 7B-1103(a)(3), (4). (a) Must establish custody order. Termination of parental rights ends the legal parent-child relationship. Termination order severing all ties between a child and the biological parents.

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Delaware Order of Reference-Termination of Parental Rights