Delaware Agreement to Give Temporary Custody of Children to Grandparents

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Control #:
US-02119BG
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This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction. This form assumes that the parents are not divorced or separated.

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  • Preview Agreement to Give Temporary Custody of Children to Grandparents
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FAQ

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 ...

In short, a grandparent only has rights in a custody battle in Delaware when a court terminates a parent's rights. Adoption is permanent and allows a grandparent to become the child's legal parent. When you adopt a grandchild, you will have all the responsibilities and rights of a parent.

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.

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.

A guardianship action is initiated with the filing of a Petition to Appoint a Guardian (the ?Petition?) with the Court of Chancery (the ?Court?). The requirements for the contents of the Petition are set forth in Chancery Court Rule 175.

Under Delaware law, parents are joint natural custodians of their children. When parents live separate and apart, either or both parents may file a petition in Family Court asking that the court award custody to him/her.

Temporary or permanent custody If the grandchild's custodial parent dies or cannot safely care for the child and the other parent does not have custody, the grandparent can file a petition with the court for emergency temporary custody.

While sole and joint custody is the two most common general custody arrangements, the countless variations of family dynamics make a one-size-fits-all custody arrangement virtually impossible. Parents have to understand the diverse needs of their children when creating an arrangement.

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Delaware Agreement to Give Temporary Custody of Children to Grandparents