Delaware Petition For Standby Guardianship Form 126S

Form 126S
Rev 7/18
The Family Court of the State of Delaware

In and For New Castle County Kent County Sussex County
PETITION FOR STANDBY GUARDIANSHIP OF A MINOR
Petitioner Respondent
Name D.O.B. Name D.O.B.
File Number
Street Address Street Address
P.O. Box Number P.O. Box Number

Petition Number
City/State/Zip Code City/State/Zip Code
Phone Number Phone Number
Relation to Child(ren) Relation to Child(ren)
Attorney Name Attorney Name
Interpreter needed? Yes No Interpreter needed? Yes No

Language Language
2nd Petitioner (if any) 2nd Respondent (if any)

Name D.O.B. Name D.O.B.
Street Address Street Address
P.O. Box Number P.O. Box Number
City/State/Zip Code City/State/Zip Code
Phone Number Phone Number
Relation to Child(ren) Relation to Child(ren)
Attorney Name Attorney Name
Interpreter needed? Yes No Interpreter needed? Yes No

Language Language
Guardian Ad Litem (if any)

Name
Law Firm
Office Address
City/State/Zip Code
Phone Number
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Form 126S
Rev 7/18
IN THE INTEREST OF THE FOLLOWING CHILD(REN): (Complete the table below for each child for
whom Standby Guardianship is sought. Attach additional sheets if necessary.)
Child’s Place of Birth Child’s Gender
Child’s Name Child’s Date of Birth (City, State) (Check one)
Male Female
Male Female
Male Female
1. Complete the table below regarding the child(ren)’s parents (individuals holding parental rights):
NAME Address Date of Birth
MOTHER
FATHER
2. If you do not know the name/address of the child(ren)’s mother and/or father, write in the space
provided below what you have done to try to locate him/her/them.
I have attached to this Petition the following affidavits:

Affidavit that a Party’s Address is Unknown
3. Name(s) of the person(s) or organization holding parental rights of the child(ren):
Address of person(s) or organization:
4. Name(s) of the person(s) or organization having the guardianship, care, control or custody of
the child(ren):
Address of person(s) or organization
if address is different from address of
Petitioner(s):
5. Name(s) of the person(s) to whom standby guardianship shall be vested if this Petition is granted
Address of person(s) or organization

if address is different from address of
Petitioner(s):
6. Proposed guardian(s)’ relationship to child(ren) if proposed guardian is NOT the Petitioner:
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Form 126S
Rev 7/18
7. Please check all that apply:
The following child(ren) is/are not yet 14 years of age or older:

OR
The child(ren) is/are 14 years of age or older and consents to (agree with) this Petition
(Attach Affidavit of Consent executed by each child(ren) who consents) Name(s) of
child(ren) 14 years of age or older who consent(s):
The child(ren) is/are 14 years of age or older does/do NOT consent to (agree with) this
Petition. Name(s) of child(ren) 14 years of age or older who do NOT consent:
8. I am filing this petition because: (Check ALL that apply)

The child(ren)’s parent(s) agree that I/we should become the guardian(s) of the child(ren)
(Attach an Affidavit of Consent executed by the parent(s) who agree).
The child(ren)’s parent(s) are deceased. (Attach a certified copy of the death certificate)
The child(ren) is/are dependant and/or neglected based on the following reason(s):
It is in the child(ren)’s best interest to appoint the above referenced standby guardian
because:
9. The proposed standby guardian’s qualifications to serve are as follows:
10. The triggering event(s) that shall cause the authority of the standby guardian to become effective are
as follows:
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Form 126S
Rev 7/18
11. There is a significant risk that the parent, custodian or guardian will die, become incapacitated or
become debilitated within two (2) years of the filing of this petition.
I have attached supporting documentation from the attending physician as defined by 13
Del.C. §2362.
12. Name(s) of the person(s) to whom standby guardianship shall be vested as an alternate if the
person named in this Petition is unable to serve:
Address of above referenced

person(s):
13. The qualifications of the above referenced alternate stand-by guardian are as follows:
WHEREFORE, Petitioner(s) seek appointment of as Standby Guardian(s) of the above

named minor child(ren).
Petitioner Date 2nd Petitioner (if any) Date
Sworn to subscribed before me: Sworn to subscribed before me:
Clerk of Court/Notary Public Date Clerk of Court/Notary Public Date
4 of 4

Delaware Petition For Standby Guardianship Form 126S

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Form 126S

The Family Court of the State of Delaware

Street Address Street Address

P.O. Box Number P.O. Box Number

City/State/Zip Code City/State/Zip Code

Phone Number Phone Number

Relation to Child(ren) Relation to Child(ren)

Attorney Name Attorney Name

Interpreter needed? Yes No Interpreter needed? Yes No

2nd Petitioner (if any) 2nd Respondent (if any)

Street Address Street Address

P.O. Box Number P.O. Box Number

City/State/Zip Code City/State/Zip Code

Phone Number Phone Number

Relation to Child(ren) Relation to Child(ren)

Attorney Name Attorney Name

Interpreter needed? Yes No Interpreter needed? Yes No

Guardian Ad Litem (if any)

I have attached to this Petition the following affidavits:

Address of person(s) or organization:

Address of person(s) or organization

6. Proposed guardian(s)’ relationship to child(ren) if proposed guardian is NOT the Petitioner:

7. Please check all that apply:

The following child(ren) is/are not yet 14 years of age or older:

8. I am filing this petition because: (Check ALL that apply)

9. The proposed standby guardian’s qualifications to serve are as follows:

Address of above referenced

WHEREFORE, Petitioner(s) seek appointment of as Standby Guardian(s) of the above

Petitioner Date 2nd Petitioner (if any) Date

Sworn to subscribed before me: Sworn to subscribed before me:

Clerk of Court/Notary Public Date Clerk of Court/Notary Public Date

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