Delaware Code Title 13 Sec. 2325 – Hearing procedure and notice requirements
(a) When a guardianship petition is filed, the petition shall be served upon the parent or parents, person or persons or organization holding parental rights at the respondent’s last known address.
Terms Used In Delaware Code Title 13 Sec. 2325
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
(b) If the Court finds that personal service within the State cannot be accomplished upon the parent or parents, person or persons, or organization holding parental rights, the petitioner shall cause notice to be published either on a legal notices website established by the Court or in a newspaper of general circulation in the county where the respondent is most likely to be residing.
(c) Personal service at any time prior to the hearing shall be sufficient to give jurisdiction.
(d) Notice provided pursuant to this section shall constitute conclusive evidence of service and a hearing will then proceed at the time and date set, with or without the appearance of the parent or parents, person or persons, or organization so notified.
73 Del. Laws, c. 150, § ?1; 76 Del. Laws, c. 95, §§ ?1-3; 79 Del. Laws, c. 246, § ?1; 83 Del. Laws, c. 96, § 5;