Delaware Standby Guardianship Guide

State:
Multi-State
Control #:
US-ADOP6
Format:
PDF
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Description

This fact sheet defines the provisions of most standby guardian laws. Additionally, it broadly defines: how to establish a standby guardian, who can nominate a standby guardian, how the guardian s authority is activated, the involvement of the non-custodial parent, the relationship between authority of the parent and the standby, and withdrawing guardianship.

How to fill out Standby Guardianship Guide?

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FAQ

At What Age Can Teenagers or Other Children Refuse Visitation? Children who are considered legal adults (age 18 in most states) may always refuse to spend time with a parent.

Tell them why you think they would be a good parent for your child if anything were to happen to you. You may also want to share your list of values to make sure they're on the same page when it comes to raising your child. If they ask for more information, take this as a good sign.

Who Can Be a Legal Guardian of a Minor? A court-appointed legal guardian of a minor must be qualified to serve in that capacity. Furthermore, a legal guardian of a minor must be at least 18-years-old without any conviction of felonies or misdemeanors.

Follow these steps to start a guardianship case: Fill out the forms. You have to fill out 4 forms to start your case, and you need to get a doctor to fill out a physian's certifiate. File the forms. Turn in your completed forms by mail or efiling. Serve the adult, the relatives, and other required people.

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.

People other than parents can sometimes be guardians, but they must have a court order naming them a guardian. A person who wants to become a guardian of a child must provide the court with information about their plans for the care of the child and about their history.

If a parent is going to move from this state with the child, that parent must tell the other parent as soon as he or she knows they are moving. If the moving parent does not tell the other parent, he or she may be considered to be interfering with the other parent's right to visitation and contact with the child.

Parents should determine the criteria for an ideal guardian and choose potential candidates. Next, they should consider each candidate's relationship with the children, financial/emotional stability, and willingness to take on the role.

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Delaware Standby Guardianship Guide