2014 Delaware Code
Title 13 - Domestic Relations
CHAPTER 23. GUARDIANSHIP OF A CHILD
Subchapter V Permanent Guardianships for Children
§ 2359. Termination or modification of permanent guardianship order

(a) A parent may not petition the Court to modify or terminate a permanent guardianship once granted under this chapter.

(b) The Court shall modify or terminate a permanent guardianship only upon a finding:

(1) That there has been a substantial change in material circumstances; and

(2) That modification or termination is in the best interests of the child.

(c) Where the permanent guardianship is terminated by the Court, custody of the child shall not automatically revert to the parent. At any subsequent hearing, the parent shall be considered with no greater priority than any other person or agency, and the Court shall apply the best interests of the child factors in entering an order on behalf of the child.

(d) Upon a showing by affidavit of immediate harm to a child, the Court may temporarily:

(1) Stay a permanent guardianship order on an ex parte basis pending a hearing and grant temporary custody of the child to the Department or petitioner; and/or

(2) Stay the visitation, contact or information provisions of a permanent guardianship order on an ex parte basis pending a hearing.

73 Del. Laws, c. 150, § 1.;