2025 Delaware Code
Title 13 - Domestic Relations
Chapter 23. GUARDIANSHIP OF A CHILD
Subchapter IV. Powers and Duties of a Guardian
§ 2340. Powers and duties of the guardian of the child.
(a) The Court shall grant to the guardian of the child such powers, rights and duties which are necessary to protect, manage and care for the child.
(b) The guardian of the child may exercise the same powers, rights and duties respecting the care, maintenance and treatment of the child as a parent would, except that the guardian of the child is not liable to third persons for acts of the child solely by reason of the guardianship relationship.
(c) Except as modified by the order of guardianship and without qualifying the foregoing, a guardian of the person has the following powers and duties:
(1) The guardian is entitled to custody of the child and may establish the child's place of abode.
a. Notwithstanding the guardian's authority under this subsection, if there is a proposed relocation of a child for a period of 60 days or more involving either a move outside Delaware or a move that materially affects a parent's existing visitation arrangement or order, the guardian must obtain at least 1 of the following:
1. Leave of court.
2. The consent of the child's parents.
b. When considering a guardian's request to relocate a child, the Court shall apply the relocation factors under § 734 of this title.
(2) The guardian shall provide the child with:
a. A physically and emotionally healthy and safe living environment and daily care;
b. Education; and
c. All necessary and appropriate medical treatment, including but not limited to medical, dental and psychiatric examinations, treatment or surgery.
(3) The guardian shall make decisions regarding:
a. Education;
b. Travel;
c. All necessary and appropriate medical treatment, including but not limited to medical, dental and psychiatric examinations, treatment or surgery;
d. The child's right to marry or enlist in the armed forces;
e. Representation of the child in legal actions; and
f. Any other matter that involves the child's welfare and upbringing.
(4) The guardian shall:
a. Be responsible for the health, education and welfare of the child;
b. Comply will all terms of any Court order to provide the child's parents with visitation, contact or information.
(d) The Court, in its discretion, may expressly limit the duties and powers of the guardian as set forth in this chapter.
(e) No bond shall be required from any guardian appointed under this chapter.
73 Del. Laws, c. 150, § 1; 73 Del. Laws, c. 360, § 5; 84 Del. Laws, c. 128, § 13;
