Delaware General Assembly

CHAPTER 191

PARENTS AND CHILDREN

AN ACT to equalize the rights and powers of the father and mother with respect to their minor child.

Be it enacted by the Senate and House of Representatives of the State of Delaware in General Assembly met:

Section I. That that Father and Mother shall be the joint natural guardian of their minor child and shall equally be charged with its care, nurture, welfare and education. They shall have equal powers and duties with respect to their minor child, and neither parent shall have any right superior to the right of the other parent concerning the child's custody or any other matter affecting said minor. If either Father or Mother dies, or abandons his or her family or is incapable, for any reason, to act as guardian to said child, then, the guardianship of such child devolves upon the other parent. Where the parents live apart, the court may award the guardianship of their minor child to either of the parents. Provided, however, that the provisions of this Act shall not be deemed to affect the existing laws of this State relative to the appointment of a guardian of the property of a minor, or relative to the appointment of a third person as guardian of the person of the minor where the parents are unsuitable or where the child's interests would be adversely affected by remaining under the natural guardianship of its parents or parent.

Section 2. The Father and Mother of the minor child shall be equally entitled to its services and earnings, and if one of the parents be dead, or has abandoned the child, or has been deprived of its custody by court decree, the other parent shall be entitled to such services and earnings.

Section 3. The parents jointly may maintain action for loss of wages or services of the minor child when such loss is occasioned by injury wrongfully or negligently inflicted upon said child. If either Father or Mother be dead or either has abandoned the child or either has been deprived of its custody by court decree, or either refuses to sue, the other parent may sue alone. Provided, however, that nothing contained in this Act shall be deemed to supersede, limit, modify or affect the act known as "Delaware Workmen's Compensation Law of 1917," and the acts amended thereof.

Section 4. All acts inconsistent herewith are hereby repealed.

Approved March 18, A. D. 1927.