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A petition for custody or a petition to modify custody is considered a civil filing and costs $90 to file plus an additional $10 charge for the Court Security Assessment.
A Guardian has the legal authority to take care of the child as if he/she were the child's parent until the child turns 18 years of age. Included in a Guardianship Order is a Custody Order. Therefore, a Guardian has the same legal authority to care for the child as a parent would.
Once a Permanent Guardianship is granted, a parent MAY NOT petition the Court to rescind (end) the permanent guardianship. A parent may petition to modify a permanent guardianship order as to contact, visitation, or sharing of information.
A Guardian has the legal authority to take care of the child as if he/she were the child's parent until the child turns 18 years of age. Included in a Guardianship Order is a Custody Order. Therefore, a Guardian has the same legal authority to care for the child as a parent would.
How Do You File for Guardianship in Delaware? You generally can file for guardianship of a child or disabled adult with a petition in the Court of Chancery. The Court of Chancery will then schedule a hearing and ultimately issue a decision on the petition.
If you feel that your child is at risk of immediate and irreparable harm, Delaware Family Court can grant emergency custody to a parent under emergency circumstances by filing a Motion and Affidavit for Emergency Ex Parte (without notice to the other party) Order or a Motion for Interim (Temporary) Relief or a
You have to go to court to get guardianship in Delaware. However, some alternatives can provide many benefits of guardianship without going to court. These include: Health Care Surrogate or Advance Health Care Directive: These documents function as a health care power of attorney.
Motion for Interim (Temporary) Relief If you wish to file for temporary relief or a temporary Court Order (i.e. you would like financial relief or temporary custody), you may file a Motion for Interim Relief. "Interim Relief" refers to a temporary Court Order that would be in place until a full hearing can be held.