What is guardianship of a minor?
Guardianship of a minor gives a responsible adult the legal authority to care for a child and make decisions for them when a parent is unable or unavailable to do so. In Delaware, guardianship of the person of a minor is handled in Family Court.
Relatives such as grandparents often seek guardianship when they are already caring for a child.
When is guardianship appropriate?
Guardianship may be the right step when a parent cannot safely care for a child because of illness, incapacity, absence, or other serious circumstances. It lets the caregiver handle school, medical care, and daily decisions.
Guardianship, custody, and adoption
Guardianship is different from custody, which usually involves parents, and from adoption, which permanently transfers parental rights. Suzanne helps you choose the path that fits the child's needs.
How is guardianship established or ended?
The process involves filing a petition, giving notice to the parents, and a hearing where the court decides what is best for the child. A guardianship can later be modified or ended when appropriate.
Call 302.661.0400 to talk with Suzanne about a child in your care.
Common questions
Does guardianship of a minor end the parents' rights?
No. The parents remain the legal parents. Guardianship gives the caregiver authority to act, but it does not permanently sever parental rights the way adoption does.
Can a grandparent get guardianship of a grandchild?
Yes. Grandparents and other relatives commonly seek guardianship when they are caring for a child whose parents cannot.