Delaware Code Title 13 Sec. 2332 – Termination, modification or rescission of guardianship order
(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.
Terms Used In Delaware Code Title 13 Sec. 2332
- 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.
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
(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 — Except as otherwise specified in this chapter, an order of guardianship may be rescinded upon a judicial determination that petitioner has made a preliminary showing the guardianship is no longer necessary for the reason(s) it was established, unless:
(1) The Court finds that the guardian has established, by a preponderance of the evidence, that the child will be dependent, neglected, and/or abused in the care of the parent or parents seeking rescission; or
(2) The Court finds that the guardian has established, by clear and convincing evidence, that the child will suffer physical or emotional harm if the guardianship is terminated.