Delaware Code Title 13 Sec. 2330 – Grounds for guardianship of the child
(a) Prior to granting an order for guardianship under this chapter, the Court shall find for each parent the following:
(1) The parent voluntarily consents to the guardianship; notwithstanding the consent, if the child is in DSCYF custody, the Court shall also determine whether guardianship is the appropriate permanency plan for the child and whether it is in the best interest of the child for the guardianship to be granted; or
(2) After a hearing on the merits, by a preponderance of the evidence that petitioner has established:
a. The child is dependent, neglected or abused and the reasons therefor; and
b. It is in the best interests of the child for the guardianship to be granted.
Terms Used In Delaware Code Title 13 Sec. 2330
- Child: means a person who has not reached the age of 18 years. See Delaware Code Title 1 Sec. 302
- Dependent: A person dependent for support upon another.
- 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.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(b) When more than 1 petition for guardianship regarding the same child or children has been filed, and the elements of subsection (a) of this section are met regarding the parents, the Court shall determine which petition, if any, is granted based upon the best interests of the child.
(c) When a guardianship petition is filed against a current guardian, and the elements of subsection (a) of this section are met regarding the parents, the Court shall determine whether the petition shall be granted based upon the best interests of the child.
(d) If the child is 14 years of age or older, the Court shall determine whether the child consents to the guardianship, and if the child opposes, if just cause still requires the guardianship to be granted.
(e) If the Court determines that the elements of subsection (a) of this section have been met, the Court shall also determine by a preponderance of evidence the nature and extent, if any, of any contact, sharing of information, and/or visitation between the parent and the child. In making such a determination, the Court shall apply the best interests of the child standard.
73 Del. Laws, c. 150, § ?1; 73 Del. Laws, c. 360, §§ ?2, 4; 79 Del. Laws, c. 246, § ?1;