Delaware Answer by Natural Mother to Complaint that She Abandoned Child or Consented to Give up Custody

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This form is an answer or response to a complaint or petition that the natural mother of a child abandoned the child or consented to give up custody of the child. This form is a generic example of such an answer that may be referred to when preparing such a pleading for your particular state.

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FAQ

§ 118.15 Penalty for interference or obstruction. Any person violating the provisions of § 118.10 of this chapter shall be deemed guilty of a misdemeanor and be subject to a fine not exceeding $500 for each offense.

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.

What exactly is an unfit parent in the eyes of the law? The legal definition of an unfit parent is when the parent through their conduct fails to provide proper guidance, care, or support. Also, if there is abuse, neglect, or substance abuse issues, that parent will be deemed unfit.

Primary tabs. Custodial interference refers to a parent breaking court determined custodial instructions. This can be as major as taking a child from the sole custodian or as minimal as calling a child more than directed.

The award of sole legal custody will likely only occur when the non-custodial parent has issues with substance abuse, mental illness, domestic abuse or some other extraordinary circumstance. And, specifically in Delaware, the court will usually prefer to have both parents involved in making decisions for the child.

§ 785. Interference with custody; class G felony; class A misdemeanor. (2) Knowing that the person has no legal right to do so, the person takes or entices from lawful custody any incompetent person or other person entrusted by authority of law to the custody of another person or an institution.

In Delaware there are two main classes of custody: legal custody and physical custody. With each type, parents may share joint custody, or one parent may have sole custody.

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Delaware Answer by Natural Mother to Complaint that She Abandoned Child or Consented to Give up Custody