(a) Termination. — Except as otherwise specified in this chapter, guardianship of a child terminates:
(1) Upon the guardian’s death;
(2) Upon adoption of the child;
(3) When the child reaches the age of majority; or
(4) As otherwise ordered by the Court.
(b) Modification. — Except as otherwise specified in this chapter, an order of guardianship may be modified regarding contact, visitation or sharing of information at any time if it is in the best interests of the child.
(c) Rescission. — Except as otherwise specified in this chapter, an order of guardianship may be rescinded upon a judicial determination that petitioner has made a preliminary showing the guardianship is no longer necessary for the reason determined by consent or by a finding of the Court at the time the guardianship was established, unless:
(1) The Court finds the guardian has established, by a preponderance of the evidence, the child will be dependent, neglected, or abused in the care of the parent or parents seeking rescission; or
(2) The Court finds the guardian has established, by clear and convincing evidence, the child will suffer physical or emotional harm if the guardianship is terminated.
73 Del. Laws, c. 150,
§
1;
79 Del. Laws, c. 246,
§
1;
84 Del. Laws, c. 128,
§
11;
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 2008–2021 · leading case:
Smith v. Doe, 962 A.2d 918 (Del. 2008).
Smith v. Doe, 962 A.2d 918 (Del. 2008).
“Accordingly, we find no abuse of discretion in the Family Court's conclusion that the children were no longer dependent and that sole custody with Mother was in the children's best interests.”
Robinson v. State (Del. 2017).
“8 13 Del. C. § 2332(b). 5 NOW, THEREFORE, IT IS ORDERED that the judgment of the Family Court is AFFIRMED.”
Sackman v. Seaburn (Del. 2020).
“” 13 Del. C. § 2332(b)(2). In contrast, “[t]he Court shall modify or terminate a permanent guardianship only upon a finding: (1) [t]hat there has been a substantial change in material circumstances; and (2) [t]hat modification or termination is in the best interests of the child.”
Arturo v. Gold (Del. 2021).
“s obtained suitable housing; (ii) the Child has been spending every other weekend and every Tuesday night with the Mother at her home; (iii) the Mother is able and willing to care for the Child full-time and to make medical decisions on the Child’s behalf; and (iv) although the…”
— 13 Del. C. § 2332(b) — 1 case
Robinson v. State (Del. 2017).
“8 13 Del. C. § 2332(b). 5 NOW, THEREFORE, IT IS ORDERED that the judgment of the Family Court is AFFIRMED.”
— 13 Del. C. § 2332(b)(2) — 2 cases
Smith v. Doe, 962 A.2d 918 (Del. 2008).
“Accordingly, we find no abuse of discretion in the Family Court's conclusion that the children were no longer dependent and that sole custody with Mother was in the children's best interests.”
Sackman v. Seaburn (Del. 2020).
“” 13 Del. C. § 2332(b)(2). In contrast, “[t]he Court shall modify or terminate a permanent guardianship only upon a finding: (1) [t]hat there has been a substantial change in material circumstances; and (2) [t]hat modification or termination is in the best interests of the child.”
— 13 Del. C. § 2332(c) — 1 case
Arturo v. Gold (Del. 2021).
“s obtained suitable housing; (ii) the Child has been spending every other weekend and every Tuesday night with the Mother at her home; (iii) the Mother is able and willing to care for the Child full-time and to make medical decisions on the Child’s behalf; and (iv) although the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.