Are You Seeking The Guardianship Of A Minor Child?
Child custody issues are always complex affairs with high emotional stakes. When the party seeking custody is a nonparent, the issues are even more complex and potentially contentious.
When a child is at risk due to factors such as substance abuse or mental illness on the part of a parent, it may be in that child’s best interests to place them with a grandparent or another third party. That party lacks the legal authority, however, to make important decisions regarding the child unless they obtain a guardianship. If you are in such a situation, obtaining a guardianship will give you the legal authority you need to care for and protect the child.
At The Law Office of Shauna T. Hagan, LLC, we are prepared to handle any child custody matter in Delaware, including those in which a grandparent or another third party seeks guardianship over a minor child. Attorney Shauna T. Hagan is an experienced and compassionate ally who works tirelessly to protect the rights of her clients and the minor children at the heart of these difficult disputes.
Termination Of Parental Rights
If a grandparent or another third party seeks guardianship over the child, that party must first seek to terminate the parent’s rights. For a parent’s rights to be terminated, there must be compelling evidence of abuse, neglect or other factors that put the child’s safety and well-being at risk. This is a serious, sensitive and momentous action so cannot be taken lightly. We can help you understand how Delaware laws concerning the termination of parental rights apply in your situation.
Who Can Be A Guardian Of A Minor In Delaware?
Delaware law establishes specific eligibility requirements for individuals seeking to become guardians of minor children. Understanding these criteria is essential before beginning the guardianship process.
Any competent adult may petition the court to become a guardian, but certain individuals are typically given preference. Grandparents, other close relatives and individuals with established relationships with the child often receive favorable consideration.
The court evaluates several factors when determining guardian eligibility, including the petitioner’s age, physical and mental health, financial stability and ability to provide a safe and nurturing home environment. The petitioner must demonstrate that they can meet the child’s physical, emotional and educational needs.
Delaware courts prioritize the best interests of the child above all other considerations. This means the court will examine the existing relationship between the proposed guardian and the child, the child’s preferences if they are of sufficient age and maturity to express them, and whether the guardianship serves the child’s welfare. Individuals with criminal histories involving child abuse, neglect or violent offenses may be disqualified from serving as guardians.
What Are The Rights And Responsibilities Of Guardians In Delaware?
Legal authority granted to guardians includes the power to make important decisions about the child’s upbringing. Guardians can consent to medical treatment, enroll the child in school, make educational decisions and determine where the child will live. However, this authority comes with substantial responsibilities that guardians must fulfill diligently.
Ongoing court reporting requirements mandate that guardians maintain regular communication with the court. Delaware law requires guardians to file periodic reports detailing the child’s living situation, health, education and overall well-being. These reports allow the court to monitor whether the guardianship continues to serve the child’s best interests.
Financial responsibilities include managing any assets or income belonging to the child prudently. Guardians must keep detailed records of how they spend money on the child’s behalf and may need court approval for certain financial decisions. Delaware offers various support programs that can assist guardians with the costs of raising a child, including possible kinship care payments and access to medical assistance programs for eligible families.
Helping You Help Your Loved One
We are here to provide you with the skilled legal guidance you need to do what is right for a cherished minor child in your life. To arrange a legal consultation with a knowledgeable family law attorney in Wilmington, contact our law firm online or by telephone at (302) 321-6489.