INSTRUCTIONS: PETITION FOR GUARDIANSHIP OF A MINOR (Form 126)

Depending on your case, you may need one of the other following forms:

· Petition for Permanent Guardianship of a Minor 126P

· Petition for Standby Guardianship 126S

The majority of guardianship laws for minors are located in Chapter 23L Guardianship of a Child.  View the chapter at the following link: https://delcode.delaware.gov/title13/c023/index.shtml

“Petition for Guardianship of a Minor Form 126 Step 1”

Check the county where you’re filing the form at the top of the form, and provide all of the information that the forms as for from the petitioner(s), respondent(s), and a Guardian Ad Litem if it applies.  The Clerk of the Family Court will provide file number and petition number. 

“Petition for Guardianship of a Minor Form 126 Step 2”

After providing all of the necessary information for the child, move onto section 1 and provide the full legal names, addresses, and date of births for the mother and father. 

“Petition for Guardianship of a Minor Form 126 Step 3”

Complete section 2 if you do not know the name or address of either parent.  Provide steps you have taken to locate and contact the parents.  If the party’s address is unknown, attach the appropriate affidavit.

“Petition for Guardianship of a Minor Form 126 Step 4”

Complete section 3 if a person or organization holds parental rights of the child.  If the section does not apply, regard section 4 and provide all necessary information for person or organization holding guardianship, care, or control custody.

“Petition for Guardianship of a Minor Form 126 Step 5”

In section 5, provide all of the necessary information for the guardian if the petition is granted.

“Petition for Guardianship of a Minor Form 126 Step 6”

Complete section 6 if the proposed guardian is NOT the petitioner.  Provide the relationship to the children.

“Petition for Guardianship of a Minor Form 126 Step 7”

Check all of the boxes that apply in section 7 and section 8 along with supplementary information if needed.

“Petition for Guardianship of a Minor Form 126 Step 8”

The petitioner(s) needs to sign and date the bottom of the form.  The form needs signed by the Clerk of Court or Notary Public as well.