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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.
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.
There are three types of guardianships: Guardianship of an adult person, guardianship of an adult person's property and guardianship of the property of a minor child who is under eighteen. Please use the resources below and on the forms page to learn more about Guardianship in the Court of Chancery.
The emergency guardian serves for a short period of time to protect the ward against significant injury to the person and/or the estate, if appropriate. If an emergency guardian is appointed through an ex parte hearing the appointment is valid for a maximum of 72 hours.
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 ...