This guide provides an overview on how to get temporary custody of a minor. Topics covered include powers of attorney for care and custody, standby and other temporary guardianships, and temporary custody in divorce.
Delaware USLegal Guide to Temporary Custody
State:
Multi-State
Control #:
US-GDE-05
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Word;
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FAQ
An Emergency Petition for Custody, Partial Custody or Visitation must be filed in person at the Office of Judicial Support. The filing party will be required to present the Emergency Petition to the District Court Administrator's Office which will forward it to a judge.
Under Delaware law, whether parents have joint legal custody or one parent has sole legal custody of a child, each parent has the right to receive, when requested from the other parent, all material information concerning the child's progress in school, medical treatment, school activities and conferences, religious ...
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.
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.
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.
At age 18 in all of the United States, a child can decide not to visit the other parent without consequence to themselves or the favored parent. Children who are considered legal adults (age 18 in most states) may always refuse to spend time with a parent.
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.
Speak with your child about why they don't want to visit. Approach the conversation from a position of understanding while still impressing upon them the importance of maintaining a healthy relationship with the co-parent. Allow them to express any feelings or concerns they may have without judgment.
