Consent order guardian of the person delaware form
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Form 124
Rev 2/17
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
2 nd
Petitioner (If any) 2 nd
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 for
which petitioner wants guardianship . Attach additional sheets if necessary.)
Petitioner’s relationship to the child(ren) (select one relationship from choices below)
brother or sister grandparent or great-grandparent aunt or uncle first cousin
grandaunt or granduncle half-brother or half-sister non-relative
other relative: if you have checked other relative, please also check one of the following:
step-grandparent step-parent
great-uncle or great-aunt step-uncle or step-aunt
step-brother or step-sister first cousin once removed
other (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:
GUARDIANSHIP AWARDED TO:
with the powers and duties set forth in 13 Del. C . § 2340, a copy of which is attached to this order.
Respondent(s) shall have visitation as follows:
Page 1 of 3Child’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
Form 124
Rev 2/17
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) 2 nd
Petitioner (Signature) (if any) 2 nd
Respondent (Signature) (if any)
Additional Child(ren)
(Print) (if necessary) 2 nd
Petitioner (Print) (if any) 2 nd
Respondent (Print) (if any)
SO ORDERED this day of ,
Judge/Commissioner
Page 2 of 3SWORN TO AND SUBSCRIBED before me this date,
Mediation Officer/Notary Public/Clerk of Court
Form 124
Rev 2/17
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; and
c. 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; 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. ;
Page 3 of 3
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