Case Summary: This matter involved cross motions for modification of custody filed by both parents, coupled with a guardianship petition filed by maternal grandparents regarding a 12 year old child, L. At the time of initiation of the action, L. primarily resided with her Father under a 1997 custody order bound by the provisions of 13 Del. C. § 729(c). During the course of the action, after the child expressed suicidal ideations in having to remain with her Father, maternal grandparents were awarded emergency guardianship. The Office of the Child Advocate motioned the Court for the appointment of an attorney guardian ad litem for L. Father opposed this request. The Court ruled that where the Child Advocate does not express a specific desire to enter into a case and certain other criteria are also present, the Court has discretion to require the Child Advocate to enter into the case pursuant to 29 Del. C. §9007A(b). However, the Court ruled, that it does "not have discretion to oppose the entry of the Child Advocate into the case where the Child Advocate expresses a desire to enter into the action." The Court then went on to apply the requirements of 13 Del. C. § 729(c)(2), and most particularly the best interests requirements of 13 Del. C. § 722. The Court awarded the parents joint legal custody of L., but modified L.'s primary residential placement to be with her mother. The Court gave L.'s wishes great weight, coupled with Father's lack of interaction with his daughter since her removal from his home, and his untreated abuse of alcohol and/or drugs.

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