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Delaware Procedures for Filing a Petition to Add a Co-Guardian

State:
Delaware
Control #:
DE-GUARD-98
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Procedures for Filing a Petition to Add a Co-Guardian
Delaware Procedures for Filing a Petition to Add a Co-Guardian typically involve filing a petition in the court of the county in which the minor child resides. The petition must include the names, ages, and addresses of all parties involved in the guardianship. The petition must also include a statement of the facts that justify the need for a Co-Guardian, a proposed plan of guardianship, and the proposed Co-Guardian’s qualifications. There are two main types of Delaware Procedures for Filing a Petition to Add a Co-Guardian: 1. Minor Guardianship Petition — This type of petition is used when the minor child is under the age of 18 and the proposed Co-Guardian is an adult. This type of petition must be filed in the court of the county in which the minor child resides. 2. Adult Guardianship Petition — This type of petition is used when the proposed Co-Guardian is an adult and the minor child is over the age of 18. This type of petition must be filed in the court of the county in which the proposed Co-Guardian resides. In both cases, the petitioner must provide notice to all interested parties, including the existing guardian, the minor child, and any other parties that may have an interest in the guardianship. After the petition is filed, the court may hold a hearing and issue a ruling on the petition.

Delaware Procedures for Filing a Petition to Add a Co-Guardian typically involve filing a petition in the court of the county in which the minor child resides. The petition must include the names, ages, and addresses of all parties involved in the guardianship. The petition must also include a statement of the facts that justify the need for a Co-Guardian, a proposed plan of guardianship, and the proposed Co-Guardian’s qualifications. There are two main types of Delaware Procedures for Filing a Petition to Add a Co-Guardian: 1. Minor Guardianship Petition — This type of petition is used when the minor child is under the age of 18 and the proposed Co-Guardian is an adult. This type of petition must be filed in the court of the county in which the minor child resides. 2. Adult Guardianship Petition — This type of petition is used when the proposed Co-Guardian is an adult and the minor child is over the age of 18. This type of petition must be filed in the court of the county in which the proposed Co-Guardian resides. In both cases, the petitioner must provide notice to all interested parties, including the existing guardian, the minor child, and any other parties that may have an interest in the guardianship. After the petition is filed, the court may hold a hearing and issue a ruling on the petition.

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FAQ

When does the Emergency Guardianship Terminate? The emergency guardianship terminates on the earlier of the expiration of the effective period of the Court's order (72 hours/30 days), the issuance of an order appointing a general Guardian for the individual, or upon other order of the Court.

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.

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.

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.

Permanent guardianship is intended to create a relationship between a child and caretaker which is permanent and self-sustaining, and which creates a permanent family for the child without complete severance of the biological bond. 73 Del.

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

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.

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If you have questions, please contact the court directly. Complete the court forms, following all of the steps in these instructions.Each proposed guardian and any other adults living in the home must complete, sign and date the information required on this form. Guardian appointed, the first step in the process of establishing guardianship is to complete Petition for. Forms to Ask for Guardianship of a Child ; Petition for Appointment of Guardian of Minor (Probate — Guardianships and Conservatorships). The court may appoint a total guardian or a limited guardian. The petition must include a sworn statement that the information in the petition is true. Bond is to include Acknowledgement of Principal, Acknowledgement of Surety and Power of Attorney. What do I need to bring to the Family Court to file a Guardianship petition in the Family Court? Complete the process of becoming a guardian of a child.

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Delaware Procedures for Filing a Petition to Add a Co-Guardian