Law Office of Shauna T. Hagan

Call the office today: (302) 321-6489

  • Home
  • About
    • Hagan, Shauna T.
  • Practice Areas
    • Divorce
    • Child Custody
    • Guardianships
    • Mediation
    • Child Support
    • Alimony / Spousal Support
    • Property Division
    • High-Asset Divorce
    • Adoption & Termination Of Parental Rights
    • Common Myths About Family Law
  • Blog
  • Contact
Law Office of Shauna T. Hagan
  • Home
  • About
    • Hagan, Shauna T.
  • Practice Areas
    • Divorce
    • Child Custody
    • Guardianships
    • Mediation
    • Child Support
    • Alimony / Spousal Support
    • Property Division
    • High-Asset Divorce
    • Adoption & Termination Of Parental Rights
    • Common Myths About Family Law
  • Blog
  • Contact
Email
CALL

Real Answers For Real People With Real Problems

  1. Home
  2.  | 
  3. Guardianships
  4.  | 
  5. When is the right time to consider guardianship?

When is the right time to consider guardianship?

On Behalf of The Law Office of Shauna T. Hagan, LLC | Oct 6, 2020 | Guardianships |

You and your spouse likely did not plan on raising your grandchildren yourselves. But now that you are, you probably have heard of guardianship as a way of establishing and protecting your rights over the grandkids.

You should know, however, that obtaining guardianship over grandchildren is not easy. In Delaware (and every other state), the law gives special consideration to a child’s parents. Unless you can show that each of their parents is unfit in some way, the court is very unlikely to grant you guardianship. The legal standards are high. Examples of an unfit parent include one with a history of committing physical or sexual child abuse, drug or alcohol addiction, or untreated mental illness. If you are arguing for guardianship because you and the children’s primary parent don’t get along, or you don’t approve of their parenting style, you will not be successful.

The duties of guardianship

The reason contested guardianship cases can be so challenging is that it conveys great responsibilities upon the guardian. As the guardian of your grandchildren, you would have the right to make decisions about their education, medical care, where they will live, and general welfare. You would largely replace their parents in these matters, though the court could grant them visitation rights. The judge can also order the parents to pay child support.

Know what it takes to become a guardian

We do not mean to discourage you from seeking guardianship over your grandchildren, especially if you are already their primary caregiver. You just need to understand that going to court to obtain guardianship can be an emotionally difficult process with no guarantee of success.

Recent Posts

  • How to handle joint legal custody disputes in Delaware
  • How do I uncover hidden assets during a high-asset divorce?
  • Tips for creating a summer parenting plan that works for everyone
  • What contributions to a marriage matter in alimony decisions?
  • How can courts prevent exploitation in guardianships?

Archives

Categories

  • Child Custody
  • Divorce
  • Firm News
  • Guardianships

RSS Feed

Subscribe To This Blog’s Feed

What Is Your
Question?

Law Office of Shauna T. Hagan
Office Address
1907 Delaware Avenue
Wilmington, DE 19806

  Wilmington Law Office

Phone Number
(302) 321-6489
  • Follow
  • Follow
Review Us
Avvo Rating | 9.9 Superb | Top Attorney Family
Visa | MasterCard | American Express | Discover Network | PayPal

© 2026 The Law Office of Shauna T. Hagan, LLC • All Rights Reserved

Disclaimer | Site Map | Privacy Policy | Business Development Solutions by FindLaw