Fighting Permanent Guardianship in Delaware

[smcdonald4812]

My question involves a child custody case from the State of: delaware. I have recently found out I have a daughter in the state of Delaware and moved to the state to be near my daughter. I recently got the results back from the DNA test and a couple days later received a letter from the great grandmother's lawyer stating they had filed for permanent guardianship. The mother has not had the most stable life and due to some circumstances had lost placement of my daughter. The grandmothers have apparently been taking good care of her for over a year now. I don't have a place for my daughter to live yet or the money to get a lawyer. The court date is a little less than two months from now and I don't know what to do about this. I just found out about my daughter, I dropped my life and my career to move to the state and now the great grandmothers have filed this before I can even get my footing here. I am new to all of this and don't know what to do. I did answer the motion for guardianship and stated I did not want them to have permanent guardianship.

[Dogmatique]

You're going to need a bit more than that. "I don't want..." isn't going to do anything if you don't request custody or guardianship yourself.

You haven't got the means to take care of the child. What's your end goal? How old is the child and how often have you seen her?

[smcdonald4812]

She is three years old and I have just recently moved to this state and found a decent paying job. I'm staying with my aunt for the time being until I can get my own place. I'm 22 all of this came as a shock to me but I know when I'm able to (within the next 6 months the grandmothers are in their 70s they will not be able to give her care when she's older and like I said my daughter isn't with the mother for a reason. Permanent guardianship in de cannot be revoked once given. I want to raise her and give her the best possible life. I see her whenever they say her schedule is free and I'm not working so at least twice a week. Until I receive my first paycheck I can't file anything I make to much for help but haven't been paid yet.

[Dogmatique]

Permanent does not actually mean permanent in this context. Custody is ALWAYS fluid, meaning if there's a good reason it can revert back to a parent or other. Don't let the wording trip you up.

But how often have you seen her? It's important. I'm asking "4 times/week for 5 months" or "just started seeing her".

[smcdonald4812]

Two times a week and on occasion 3 times a week for the past two and a half months to three months which was when I got a court order to take the DNA test it would be more often however the grandparents were constantly saying her schedule is full its a touchy situation I don't want them to tell me I can't see her before I have the money to file for visitation

[Mr. Knowitall]

Permanent does not actually mean permanent in this context.

In Delaware, permanent guardianships are "intended to create a relationship between a child and caretaker which is permanent and self-sustaining, and which creates a permanent family for the child without complete severance of the biological bond", and once granted a parent's rights are quite limited. In order to obtain a permanent guardianship the petitioner must prove by clear and convincing evidence that one or more statutory grounds for termination of parental rights exists, and that the other statutory grounds for permanent guardianship, including the fitness of the proposed guardians, have been met. It's a high standard, but if I were a father under the described circumstances I would be working double-time to get my life in order and to establish an appropriate home for the child, and I would be working with a lawyer.

[Dogmatique]

The fact that you've responded (and incorrectly) to their motion doesn't have to be a huge deal but you really do need an attorney. In the meantime, I want you to go here: http://courts.delaware.gov/family/ and start reading. This site is an extension of that link, with links to other help: http://courts.delaware.gov/help/legalassistance.stm

Legal Aid: http://www.dvls.org/

(Unlike many states, they do help with custody and family law issues)


I really, really, really hope you can find either a low-cost or pro bono (free) attorney to get you started, but that's not always possible.

Edited: didn't see MKIA's post.