How can my mother gain emergency guardianship of my son without my consent?

Question

I reside in Virginia which my son was born. My mother has been watching over him for me while I work to get my house together. She goes & files for emergency guardianship which she claims was granted in Delaware without my knowledge or consent

James H. Wilson Jr. · Answer

The jurisdiction over, or power to decide, interstate custody and visitation disputes is based on the Uniform Child Custody Jurisdiction Enforcement Act, UCCJEA, a uniform law adopted in almost all the states.  The purpose of the UCCJEA is to require a connection between the residence of the child and the decision-making power of the court.  It attempts to correct a prior practice of moving the child to another state in an attempt to gain an advantage over the out-of-state parent.  The UCCJEA creates a hierarchy of conditions that might prefer one court over another.  The "home state" is where the child has resided for the last six months, or the state in which a child has resided for the greater portion of that six month period.  A jurisdiction where an existing order addressing custody or visitation also has priority. 
 
Any person with a legitimate interest in a child custody or visitation dispute who files for a determination must file an affidavit, a sworn statement, setting forth the child's residences for the last 5 years, and a statement regarding whether there are any existing custody and visitation orders.  By doing so, the court may determine if it is the most appropriate jurisdiction for a decision. 
 
Any person with an interstate custody or visitation dispute should consult with an experienced Virginia family law lawyer.

Q: How can my mother gain emergency guardianship of my son without my consent?