Del. C. » Title 13 — · CHAPTER 23. Guardianship of a Child · Domestic Relations
Delaware Code

13 Del. C. § 2322 (2026)

Contents of petition

✓ current as of May 2026
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Every petition for guardianship of a child filed under this chapter shall contain:

(1) Name and place of residence of the petitioner or petitioners;

(2) Name, sex, date of birth and place of birth of the child;

(3) Relationship of the petitioner or petitioners to the child or the fact that no such relationship exists;

(4) The name and address of the mother and the name and address of the father, alleged father or presumed father;

(5) In addition to other pertinent information, the petition, if either the name or address of the parent or parents is not included, shall furnish detailed information concerning the efforts made to locate the parent or parents;

(6) The name and last known address of the person or persons or organization holding parental rights and the name and address of the person or persons or organization having the care, control or custody of the child;

(7) The name or names and residence of the person or persons to whom guardianship shall vest, if different from the petitioner or petitioners;

(8) If the child is 14 years of age or older, an affidavit that the child consents to the guardianship or, if the child does not consent, just cause why the guardian should be appointed;

(9) A statement regarding each parent that:

a. The child is dependent, neglected or abused, and the reasons therefore; or

b. The proposed guardian is a stepparent and meets the requirements of § 733 of this title; or

c. The parent consents to the guardianship. Notwithstanding the parent’s consent, the petitioner must state the reason for establishing the guardianship. An affidavit shall also be filed indicating that the parent consents to the guardianship and whether the parent consents to the reason for establishing the guardianship as stated by the petitioner. The affidavit shall also include a statement that the parent understands the impact that consenting to the reason has on future rescission proceedings under § 2332 of this title;

(10) Certified copies of the death certificate or such other proof as the Court may require, if 1 or more parents is deceased; and

(11) A statement setting forth the reasons why the petition is in the child’s best interest.

73 Del. Laws, c. 150, §  1;  70 Del. Laws, c. 186, §  1;  73 Del. Laws, c. 360, §§  2, 3;  79 Del. Laws, c. 246, §  1;  84 Del. Laws, c. 128, § 4; 
Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2021–2021 · leading case: Harris v. DFS (Del. 2021).
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Harris v. DFS (Del. 2021). “According to Harris’s own brief, 13 13 Del. C. § 2322(9)(a). 14 13 Del. C. § 2302(7) (providing that dependency or dependent child is defined as set forth in 10 Del.”
— 13 Del. C. § 2322(9)(a) — 1 case
Harris v. DFS (Del. 2021). “According to Harris’s own brief, 13 13 Del. C. § 2322(9)(a). 14 13 Del. C. § 2302(7) (providing that dependency or dependent child is defined as set forth in 10 Del.”
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