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Generic Petition - Delaware

Generic Petition - Delaware 2025

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The document is a petition form used in the Family Court of the State of Delaware, applicable for cases in New Castle, Kent, and Sussex Counties. It includes sections for petitioner and respondent information, details about children if relevant, allegations made by the petitioner, and the relief sought. The form also requires signatures from the petitioner and their attorney, along with a notary public or clerk of court acknowledgment.

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Does guardianship override parental rights in Delaware?

Included in most Permanent Guardianship Orders is an Order for Custody. Therefore, assuming Custody is also granted, a Permanent Guardian may exercise the same powers, rights and duties respecting the care maintenance and treatment of the child as a parent would.

What is the Delaware Court of General Jurisdiction?

The Superior Court, the States court of general jurisdiction, has original jurisdiction over criminal and civil cases except equity cases. The Court has exclusive jurisdiction over felonies and almost all drug offenses. In civil matters, the Courts authority to award damages is not subject to a monetary maximum.

How much power does a guardian have?

The guardian can be authorized to make legal, financial, and health care decisions for the ward. Depending on the terms of the guardianship, the guardian may or may not have to seek court approval for various decisions.

What are the downsides of guardianship?

The Cons to Guardianship: Loss of Freedoms: Your loved one loses the ability to make decisions for themself. Stigma of Incapability: Potential societal devaluation of your loved one. Non-Transferable: Risks if the guardian passes away. Difficult to Overturn: Once done, its a challenge to reverse.

Does guardianship take away custody?

One of the biggest differences is that, in a guardianship, the parents rights to child custody are taken away only as long as the guardianship lasts. Once they are able to care for their child again, the parent can ask a judge to end the guardianship.

What does guardianship mean in the state of Delaware?

Guardianship is the possession by a non-parent of the powers, rights, and duties which are necessary to protect, manage and care for a child. A Guardian has the legal authority to take care of the child as if he/she were the childs parent until the child turns 18 years of age.

How much does it cost to legally change your name in Delaware?

Filing Fee: when you file your Petition for Change of Name, you will be required to pay a fee of $85.00. You will receive the original Order signed by the Judicial Officer, plus eight certified copies of the signed Order. Additional copies may be obtained at a cost of $10.00 per copy.

What is rule 55 in Family Court Delaware?

Rule 55 - Default Judgments. (a) Judgment. When a party against whom a judgment for affirmative relief is sought has failed to appear, plead or otherwise defend as provided by these Rules, and that fact is made to appear, judgment by default may be entered.

Generic Petition - Delaware 2025

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