Delaware § 2340 Powers and duties of the guardian of the child

Delaware Statutes

§ 2340 — Powers and duties of the guardian of the child

Delaware § 2340

Title13

Ch. 23GUARDIANSHIP OF A CHILD

Subch.Powers and Duties of a Guardian

This text of Delaware § 2340 (Powers and duties of the guardian of the child) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 13, § 2340 (2026).

Text

(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 relocat

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(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;