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Legal Statutes: Delaware

UPDATED April 12, 2017

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Subchapter III. Guardian of the Child

back to top§ 2330. Grounds for guardianship of the child

(a) Prior to granting an order for guardianship under this chapter, the Court shall find for each parent the following:

(1) The parent voluntarily consents to the guardianship; notwithstanding the consent, if the child is in DSCYF custody, the Court shall also determine whether guardianship is the appropriate permanency plan for the child and whether it is in the best interest of the child for the guardianship to be granted; or

(2) After a hearing on the merits, by a preponderance of the evidence that petitioner has established:

a. The child is dependent, neglected or abused and the reasons therefore; and

b. It is in the best interests of the child for the guardianship to be granted.

(b) When more than one petition for guardianship regarding the same child or children has been filed, and the elements of subsection (a) are met regarding the parents, the Court shall determine which petition, if any, is granted based upon the best interests of the child.

(c) When a guardianship petition is filed against a current guardian, and the elements of subsection (a) are met regarding the parents, the Court shall determine whether the petition shall be granted based upon the best interests of the child.

(d) If the child is 14 years of age or older, the Court shall determine whether the child consents to the guardianship, and if the child opposes, if just cause still requires the guardianship to be granted.

(e) If the Court determines that the elements of subsection (a) of this section have been met, the Court shall also determine by a preponderance of evidence the nature and extent, if any, of any contact, sharing of information, and/or visitation between the parent and the child. In making such a determination, the Court shall apply the best interests of the child standard.
73 Laws 2001, ch. 150, § 1, eff. July 10, 2001; 73 Laws 2002, ch. 360, §§ 2, 4, eff. July 8, 2002; 79 Laws 2014, ch. 246, § 1, eff. June 10, 2014.