Fill and Sign the Answer to Petition for Guardianship Packet Delaware Courts Form

Form 124Rev 2/17 Page 1 of 3 The Family Court of the State of Delaware In and For New Castle County Kent County Sussex County CONSENT ORDER – GUARDIAN OF THE PERSON Petitioner v. Respondent Name Name File Number Street Address (including Apt) Street Address (including Apt) P.O. Box Number P.O. Box Number Case Number City/State/Zip Code City/State/Zip Code Date of Birth Date of Birth 2nd Petitioner (If any) 2nd Respondent (If any) Name Name Street Address (including Apt) Street Address (including Apt) P.O. Box Number P.O. Box Number City/State/Zip Code City/State/Zip Code Date of Birth Date of Birth IN THE INTEREST OF THE FOLLOWING CHILD(REN): (Complete the table below for each child forwhich petitioner wants guardianship . Attach additional sheets if necessary.)Petitioner’s relationship to the child(ren) (select one relationship from choices below)brother or sistergrandparent or great-grandparentaunt or unclefirst cousingrandaunt or grandunclehalf-brother or half-sisternon-relativeother relative: if you have checked other relative, please also check one of the following:step-grandparentstep-parentgreat-uncle or great-auntstep-uncle or step-auntstep-brother or step-sisterfirst cousin once removedother (please explain): The parties in the above entitled cause agree upon the following arrangement and do consent to the entry of an Order providing for same:Respondent(s) shall have visitation as follows: Child’s Name Child’s Date of Birth Child’s Place of Birth (City, State) Child’s Gender (Check one) Male Female Male Female Male Female GUARDIANSHIP AWARDED TO: with the powers and duties set forth in 13 Del. C. § 2340, a copy of which is attached to this order. Form 124Rev 2/17 Page 2 of 3 BE IT REMEMBERED, that on this date, , , (“Petitioner”), who, being duly sworn by me according to the law personally appeared before me, a Notary Public for the State and County declared above, did depose and say: We, the undersigned, hereby agree upon the following guardianship agreement for the above-named child(ren). We signed this consent agreement voluntarily and of our own free will.THE RESPONDENTS ACKNOWLEDGE THAT EACH WAS ADVISED THAT IF HE/SHE IS INDIGENT AND WISHES TO HAVE COURT APPOINTED COUNSEL REPRESENT HIM/HER IN THIS ACTION, COUNSEL MAY BE APPOINTED FOR HIM/HER. HE/SHE FREELY AND VOLUNTARILY WAIVES HIS/HER RIGHT TO COUNSEL.THE RESPONDENTS EACH ACKNOWLEDGE THAT BY SIGNING THIS DOCUMENT AND AUTHORIZING ITS FILING, HE/SHE IS ENTERING AN APPEARANCE AND AGREEING TO WAIVE SERVICE OF PROCESS OF THE PETITION FOR GUARDIANSHIP.This agreement of the parties is subject to review of the parties’ criminal histories by a hearing officer before entry as an order of the court.NOTICE – This agreement of the parties, if filed by a person not meeting the definition of “relative” in 10 Del. C. § 901, is subject to an assessment conducted by the Department of Services for Children, Youth and Their Families, as required by 31 Del. C. § 351.If signed by a Commissioner, the parties hereby waive their right to a Review of a Commissioner’s Order as this Order is entered pursuant to this voluntary agreement.Child (if over 14 years of age) Petitioner (Signature)Respondent (Signature) (Signature) Child (if over 14 years of age) (Print) Petitioner (Print)Respondent (Print) Additional Child(ren)(Signature) (if necessary) 2nd Petitioner (Signature) (if any)2nd Respondent (Signature) (if any) Additional Child(ren) (Print) (if necessary) 2nd Petitioner (Print) (if any)2nd Respondent (Print) (if any) SO ORDERED this day of ,???? Judge/Commissioner SWORN TO AND SUBSCRIBED before me this date, Mediation Officer/Notary Public/Clerk of Court Form 124Rev 2/17 Page 3 of 3 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 within or without this State.(2) The guardian shall provide the child with:a. A physically and emotionally healthy and safe living environment and daily care;b. Education; andc. All necessary and appropriate medical treatment, including but not limited to medical, dental and psychiatric examinations, treatment and/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 and/or surgery; d. The child's right to marry or enlist in the armed forces;e. Representation of the child in legal actions; andf. 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.;