What court and form does Delaware use for a guardianship of a minor?

The Family Court hears guardianship of the child's person and requires the Petition for Guardianship of a Minor, Form 126, along with the Custody Separate Statement, Form 346, and Information Sheet, Form 240. Guardianship of a minor's property instead goes to the Court of Chancery, because Delaware's property guardianship statute treats anyone under 18 as a person with a disability for that purpose.

How long can a temporary or emergency guardianship last in Delaware?

For a guardianship of the child's person, the Family Court has jurisdiction to grant emergency relief on a pending petition, and Chapter 23 itself sets no maximum number of days for that relief. For a guardianship of the child's property, the Court of Chancery may appoint an interim guardian for up to 30 days and must hold a hearing within that 30-day period.

Does a Delaware child have to consent to a guardianship?

A child 14 years of age or older must either consent to the guardianship by affidavit or, if the child objects, the court must find just cause why the guardian should be appointed anyway. Delaware law does not require an affirmative consent from a younger child.

What if a Delaware parent consents to the guardianship?

A parent may voluntarily consent, but a reason for establishing the guardianship must still be stated even with that consent, and if the child is in DSCYF custody the court must independently find guardianship is the appropriate plan and in the child's best interest. Without consent, the petitioner must prove by a preponderance of the evidence that the child is dependent, neglected, or abused and that guardianship serves the child's best interests.

Does Delaware require a background check or training for a guardian of a minor?

A DSCYF or licensed-agency assessment is mandatory only when the proposed guardian is not a relative as Delaware law defines that term. A court-ordered social study is discretionary rather than mandatory, and no guardian training course is required.

Is a bond required for a Delaware guardianship of a minor?

No bond is ever required for a guardian of the child's person; the statute is unqualified. A guardian of the child's property, appointed in the Court of Chancery, must post bond before a certificate of guardianship issues, unless the court waives it for good cause.

Does a Delaware guardianship end a parent's parental rights?

No. Guardianship of a minor's person does not terminate a parent's parental rights and is not adoption. Parents keep visitation and information rights to the extent the guardianship order allows, and remain financially responsible for the child; a parent may later petition to end an ordinary guardianship.

Can a Delaware parent undo a permanent guardianship once it is granted?

No, not for Delaware's separate Permanent Guardianship track, filed on Form 126P: a parent cannot petition to rescind a permanent guardianship once it is granted, though the court may still modify or rescind it on a substantial change in material circumstances and the child's best interests. A parent may ask the court to end an ordinary guardianship under Chapter 23.

Is there a way to get authority over a Delaware child without going to court?

For limited medical decisions, an adult relative caregiver the child lives with can sign Delaware's notarized medical consent affidavit, co-signed by a parent or documenting efforts to find one; it is valid for 1 year unless the child stops living with the caregiver or a parent revokes it. It does not decide custody.

What if a Delaware child is in danger right now?

If a child faces abuse, neglect, or immediate danger, contact DSCYF or local law enforcement, and consider Delaware's protective order process. A guardianship petition by itself is not an emergency safety intervention.

Is a Delaware guardianship petition the right way to resolve a custody dispute between parents?

No. A dispute between a child's own parents over custody or visitation is handled through a custody process, not through a guardianship petition.

Delaware Guardianship of a Minor Petition

Delaware splits guardianship of a minor between two courts by subject matter: the Family Court hears guardianship of the child's person on the Petition for Guardianship of a Minor, Form 126, and by statute no bond is ever required, while the Court of Chancery hears guardianship of the child's property under the state's adult guardianship law, where bond is required unless the court waives it for good cause.

Find out where you stand in Delaware

Where are you with the guardianship?

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Introduction

Delaware splits guardianship of a minor between two courts. The Family Court hears guardianship of the child's person under Title 13, Chapter 23, on the Petition for Guardianship of a Minor, Family Court Form 126, and by statute no bond is ever required from a guardian of the person. The Court of Chancery hears guardianship of the child's property under its adult guardianship statute, and bond is required there unless the court waives it for good cause. The Family Court can grant emergency relief on a pending person guardianship petition, and Chapter 23 itself sets no maximum number of days for that relief. In the Court of Chancery, an interim property guardian may serve up to 30 days, with a hearing required within that period. Parents and others holding parental rights are served notice at their last known address, or by publication if personal service within the State cannot be made. A child 14 or older must consent to the guardianship, or the court must find just cause to grant it over the child's objection. A proposed guardian who is not a relative must undergo a DSCYF or licensed-agency assessment; a social study is discretionary, and no training course is required. This guardianship does not terminate a parent's parental rights and is not adoption; a parent may later ask the court to end an ordinary guardianship. A relative caregiver the child lives with who only needs medical consent authority can instead sign a medical consent affidavit, co-signed by a parent, custodian or guardian, or documenting efforts to find them. Attorney review is available before you file.

Key Things to Know

1
Delaware splits guardianship of a minor by subject matter: the Family Court hears guardianship of the child's person under Title 13, Chapter 23, on the Petition for Guardianship of a Minor, Family Court Form 126, while the Court of Chancery hears guardianship of the child's property under Title 12, Chapter 39, because that statute defines anyone under 18 as a person with a disability for property purposes.
2
The Family Court has jurisdiction to grant emergency relief on a guardianship-of-the-person petition, and Chapter 23 itself sets no maximum number of days for that relief. The Court of Chancery can appoint an interim guardian of a minor's property for up to 30 days, with a hearing required within that 30-day period.
3
Parents or others holding parental rights are notified at their last known address, with publication if personal service within the State cannot be made. A child 14 or older must consent to the guardianship, or the court must find just cause to grant it despite the child's objection; even a consenting parent must have a reason for the guardianship stated on the record.
4
A DSCYF or licensed-agency assessment is mandatory only for a proposed guardian who is not a relative. A court-ordered social study is discretionary, and no guardian training course applies.
5
No bond is ever required for a guardian of the child's person. A guardian of the child's property must post bond before a certificate of guardianship issues, unless the Court of Chancery waives it for good cause.
6
Guardianship of a minor's person does not terminate a parent's parental rights and is not adoption. Parents keep visitation and information rights to the extent the guardianship order allows, keep inheritance rights, and remain primarily responsible for the child's financial support.
7
Unlike an ordinary guardianship, which a parent may ask the court to end, a parent cannot petition to rescind a permanent guardianship granted on Delaware's separate Form 126P track, though the court may still modify or rescind it on a substantial change in material circumstances and the child's best interests.

Key decisions before you file

Before you file a Guardianship of a Minor Petition in Delaware, a few decisions shape the document: which option to choose and what each one means. The Guardianship of a Minor Petition guide walks through them.

Open the Guardianship of a Minor Petition guide

Customize your Guardianship of a Minor Petition Template with DocDraft

IN THE FAMILY COURT OF THE STATE OF DELAWARE IN AND FOR [COUNTY] COUNTY

IN THE MATTER OF THE GUARDIANSHIP OF [CHILD'S FULL NAME], A MINOR

Petition No. [PETITION NUMBER]

PETITION FOR GUARDIANSHIP OF A MINOR (Prepared to accompany Family Court Form 126; the court's mandatory form controls)

PETITIONER Petitioner, [PETITIONER FULL NAME], residing at [PETITIONER ADDRESS], respectfully petitions the Family Court under 13 Del. C. Chapter 23 for appointment as guardian of the person of the minor named below. Petitioner's relationship to the minor is [RELATIONSHIP TO CHILD]. If petitioner is not a relative of the minor as defined by 13 Del. C. section 2302, petitioner understands DSCYF or a licensed agency will conduct an assessment of petitioner.
THE MINOR Name: [CHILD'S FULL NAME] Date of birth: [CHILD'S DATE OF BIRTH] Current residence: [CHILD'S CURRENT ADDRESS] The minor has resided at this address since [DATE MINOR BEGAN RESIDING THERE].
PARENTS Mother: [MOTHER'S FULL NAME], residing at [MOTHER'S ADDRESS, OR STATEMENT THAT WHEREABOUTS ARE UNKNOWN]. Father: [FATHER'S FULL NAME], residing at [FATHER'S ADDRESS, OR STATEMENT THAT WHEREABOUTS ARE UNKNOWN]. Consent status: [EACH PARENT'S POSITION ON THIS PETITION].
REASON FOR GUARDIANSHIP Guardianship is sought because [FACTS SHOWING WHY GUARDIANSHIP IS NEEDED AND WHY THE PARENTS ARE CURRENTLY UNABLE TO CARE FOR THE MINOR]. If a parent consents to this guardianship, the reason for establishing it despite that consent is stated above. As to any parent who does not consent, petitioner alleges the minor is dependent, neglected, or abused as described above.
CHILD'S CONSENT The minor is [CHILD'S AGE] years old. If the minor is 14 years of age or older, an affidavit of the minor's consent to this guardianship, or a statement of just cause why the guardian should be appointed despite the minor's objection, is attached.
PROPOSED GUARDIAN'S QUALIFICATIONS Petitioner is [AGE] years old, resides at the address above, and is able to provide for the minor's [HEALTH, EDUCATION, AND SUPPORT NEEDS] because [FACTS SHOWING PETITIONER'S QUALIFICATIONS].
SCOPE REQUESTED Petitioner requests appointment as guardian of the person of the minor. Guardianship of the minor's property is heard by the Court of Chancery and is not requested in this petition. Property of the minor: [DESCRIPTION OF MINOR'S PROPERTY OR EXPECTED FUNDS, OR NONE].
BOND No bond is requested, because Delaware law provides that no bond shall be required from a guardian appointed under 13 Del. C. Chapter 23.
RELIEF REQUESTED Petitioner asks the Court to: a. Appoint petitioner guardian of the person of the minor; b. Grant petitioner such emergency relief pending a full hearing on this petition as the facts stated above warrant; and c. Grant such other relief as the Court deems proper.

VERIFICATION

I, [PETITIONER FULL NAME], being duly sworn, state that I have read the foregoing petition and that its contents are true to the best of my knowledge, information, and belief.

Executed on [DATE] at [CITY], Delaware.

[SIGNATURE] [PETITIONER FULL NAME]

Delaware Requirements for Guardianship of a Minor Petition

Two Courts Split by Subject Matter
The Family Court hears guardianship of a minor's person under Title 13, Chapter 23, while the Court of Chancery hears guardianship of a minor's property under Title 12, Chapter 39, because that statute defines anyone under 18 as a person with a disability for property purposes.
Mandatory Petition on Family Court Form 126
A Delaware guardianship of a minor's person is filed on the Petition for Guardianship of a Minor, Family Court Form 126, along with the Custody Separate Statement, Form 346, and the Information Sheet, Form 240.
No Bond Ever for a Guardian of the Person
Delaware law provides that no bond shall be required from any guardian of a minor's person appointed under Chapter 23, with no court discretion to impose one.
Bond Required for a Guardian of the Property
A guardian of a minor's property, appointed in the Court of Chancery, must post bond before a certificate of guardianship issues, unless the court waives it for good cause.
No Statutory Maximum for Person-Side Emergency Relief
The Family Court has jurisdiction to grant emergency relief on a pending guardianship-of-the-person petition, and Chapter 23 itself sets no maximum number of days for that relief.
30-Day Interim Guardian Cap for Property
The Court of Chancery may appoint an interim guardian of a minor's property for up to 30 days and must hold a hearing within that 30-day period.
Child Consent or Just Cause at Age 14
A child 14 years of age or older must consent to the guardianship by affidavit, or the court must find just cause to grant the guardianship despite the child's objection.
DSCYF Assessment Required Only for Non-Relative Guardians
DSCYF or a licensed agency must conduct an assessment of any proposed guardian who is not a relative as Delaware law defines that term; a court-ordered social study is otherwise discretionary.
No Parental Rescission of a Permanent Guardianship
A parent cannot petition to rescind a permanent guardianship, filed on Form 126P, once it is granted, unlike an ordinary guardianship under Chapter 23.

Find out where you stand in Delaware

Introduction

Key Things to Know

Key decisions before you file

Customize your Guardianship of a Minor Petition Template with DocDraft

Delaware Requirements for Guardianship of a Minor Petition

Two Courts Split by Subject Matter

Mandatory Petition on Family Court Form 126

No Bond Ever for a Guardian of the Person

Bond Required for a Guardian of the Property

No Statutory Maximum for Person-Side Emergency Relief

30-Day Interim Guardian Cap for Property

Child Consent or Just Cause at Age 14

DSCYF Assessment Required Only for Non-Relative Guardians

No Parental Rescission of a Permanent Guardianship

Frequently Asked Questions