Duncan v. Smith

Summary

The Supreme Court of Delaware reversed the Family Court's order granting the paternal grandparents guardianship of Grant. The Family Court's findings that Mother lacked financial independence and that the parents temporarily placed Grant with the grandparents did not establish that Grant was dependent because the court did not find that Mother lacked the ability or means to provide necessary care or that she actually failed to provide it. The Court remanded for further proceedings and did not reach the best-interests issue.