Family Court Types of Legal Care of A Child

Delaware State Courts

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New Castle County
New Castle County Courthouse
500 North King Street
Wilmington, DE 19801
302-255-0300

Kent County
400 Court Street
Dover, DE 19901
302-672-1000

Sussex County
22 The Circle
Georgetown, DE 19947
302-855-7400

TYPES OF LEGAL CARE OF A CHILD:

CUSTODY

Who can file:

What it provides:

Standard:

parent

step-parent

a decision making power related to the child

with whom the children will live

how much visitation the other parent will have

best interests of the child OR

consent of the parties

A parent education class is required.

After the Petition for Custody is filed, the parties are prohibited from removing the child out of State.

VISITATION

Who can file:

What it provides:

Standard:

any adult

grandparent*

*Special standards apply to grandparents. See visitation instruction packet.

a schedule of contact with the child

best interests of the child OR

consent of the parties

A parent education class may be required.

After the Petition for Visitation is filed, the parties are prohibited from removing the child from the State.

Parties may file a Motion for Temporary Contact.

GUARDIANSHIP
Who can file:	What it provides:	Standard:
any adult (non-parents)	legal authority to care for a child as if you were a parent parental rights not terminated parents may be liable to pay support contact with parent may be ordered	child is dependent or neglected and guardianship is in the child's best interests OR parent(s) consent

PERMANENT GUARDIANSHIP

Who can file:

What it provides:

Standard:

a blood relative

foster parent

legal authority to care for a child as if you were a parent

parental rights not terminated

parents may be liable to pay support

contact with parent may be ordered

adoption is not possible

permanent guardianship is in the child's best interests

one ground for TPR is met OR

parents(s) consent

A social report is required.

Permanent guardianship is very difficult to modify or terminate.