2018 Delaware Code
Title 13 - Domestic Relations
CHAPTER 23. GUARDIANSHIP OF A CHILD
Subchapter III Guardian of the Child
§ 2332. Termination, modification or rescission of guardianship order.

Universal Citation: 13 DE Code § 2332 (2018)

(a) Termination. — Except as otherwise specified in this chapter, guardianship of a child terminates:

(1) Upon the guardian's death;

(2) Upon adoption of the child;

(3) When the child reaches the age of majority; or

(4) As otherwise ordered by the Court.

(b) Modification. — Except as otherwise specified in this chapter, an order of guardianship may be modified regarding contact, visitation or sharing of information at any time if it is in the best interests of the child.

(c) Rescission. — Except as otherwise specified in this chapter, an order of guardianship may be rescinded upon a judicial determination that petitioner has made a preliminary showing the guardianship is no longer necessary for the reason(s) it was established, unless:

(1) The Court finds that the guardian has established, by a preponderance of the evidence, that the child will be dependent, neglected, and/or abused in the care of the parent or parents seeking rescission; or

(2) The Court finds that the guardian has established, by clear and convincing evidence, that the child will suffer physical or emotional harm if the guardianship is terminated.

73 Del. Laws, c. 150, § 1; 79 Del. Laws, c. 246, § 1.

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