IMO the Petition of Melissa Guzman for a Writ of Mandamus
CourtSupreme Court of Delaware
Date FiledNovember 9, 2026
Docket401, 2026
StatusPublished
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Full Opinion
IN THE SUPREME COURT OF THE STATE OF DELAWARE
IN THE MATTER OF THE § No. 401, 2026
PETITION OF MELISSA A. §
GUZMAN FOR A WRIT OF §
MANDAMUS
Submitted: October 20, 2026
Decided: November 9, 2026
Before TRAYNOR, LEGROW, and GRIFFITHS, Justices.
ORDER
After consideration of the petition for a writ of mandamus and the State’s
answer and motion to dismiss, it appears to the Court that:
(1) The petitioner, Melissa A. Guzman, seeks to invoke the original
jurisdiction of this Court, under Supreme Court Rule 43, to issue a writ of mandamus
to the Family Court. Guzman asks the Court to direct the Family Court to end the
involvement of the Division of Family Services (“DFS”) with her family and to
return her child and her stepchild to their home. The petition alleges that various
family members are making false accusations and coordinating with DFS to remove
the children from the care of Guzman and her partner, Douglas Graham.1 It alleges
that the Family Court has failed to consider the evidence, made incorrect factual or
legal conclusions, and scheduled proceedings inappropriately. The petition asserts
1
Graham has filed a separate petition for a writ of mandamus.
that the circumstances are harming the children physically, emotionally, and
spiritually and are not in their best interests.
(2) The Family Court record reflects that DFS initiated dependency and
neglect proceedings as to the children in August 2025. The children were placed in
DFS custody and the statutory hearings ensued.2 The children’s paternal
grandmother also filed petitions for guardianship of the children, and guardianship
proceedings are ongoing as to at least one of the children. A hearing in the
guardianship and dependency and neglect proceedings is scheduled for December
10, 2026.
(3) A writ of mandamus will issue only if the petitioner can show: (i) a
clear right to the performance of a duty; (ii) that no other adequate remedy is
available; and (iii) that the Family Court has arbitrarily failed or refused to perform
its duty.3 “[I]n the absence of a clear showing of an arbitrary refusal or failure to
act, this Court will not issue a writ of mandamus to compel a trial court to perform
a particular judicial function, to decide a matter in a particular way, or to dictate the
control of its docket.”4
2
See Kline v. Del. Div. Family Servs., 293 A.3d 371, 2023 WL 2259101, at *1 n.3 (Del. Feb. 28,
2023) (TABLE) (“When a child is removed from home by DFS and placed in foster care, the
Family Court is required to hold hearings at regular intervals under procedures and criteria detailed
by statute and the court’s rules.” (citing 13 Del. C. § 2514; DEL. FAM. CT. R. CIV. PROC. 212-19)).
3
In re Bordley, 545 A.2d 619, 620 (Del. 1988).
4
Id.
2
(4) There is no basis for the issuance of a writ of mandamus here. Guzman
has failed to demonstrate that the Family Court has arbitrarily failed or refused to
perform a duty owed to her. Nor has she shown that she has no other adequate
remedy. Guzman’s dissatisfaction with the scheduling of hearings or the Family
Court’s legal or factual determinations does not establish grounds for a writ of
mandamus. Rather, when the Family Court issues a final decision in the matter,
Guzman can file a procedurally proper appeal. The extraordinary writ process is not
a substitute for appellate review.5
NOW, THEREFORE, IT IS ORDERED that the petition for the issuance of a
writ of mandamus is DISMISSED.
BY THE COURT:
/s/ Abigail M. LeGrow
Justice
5
See In re Buchanan, 937 A.2d 139, 2007 WL 3361328, at *1 (Del. Nov. 14, 2007) (TABLE)
(dismissing petition for writ of mandamus seeking to compel Family Court to rescind orders as to
division of marital estate, and stating that the Court “will not permit the extraordinary writ process
to be distorted into a substitute for appellate review”).
3