In California, only a California Juvenile Court can decide if an individual qualifies as a De Facto Parent.
The Law Offices of Edward Misleh, APC is a Sacramento law firm located in Sacramento, California that represents clients in Sacramento, California and in Northern California with the services they need and deserve when addressing their legal matters. Our firm handles all aspects of California guardianship, California child custody, California grandparents’ rights, California visitation, and California child support. Call now our Lawyer Hotline. We offer a free consultation to all new clients. Call now 916-443-1267 for your free consultation.
California De Facto Parent
A California De Facto Parent is a person who is the current or recent caretaker of a child and who has been found by the court to have assumed, on a day-to-day basis, the role of a parent to the child. This means that the person has been fulfilling the child’s physical and psychological needs for care and affection for a substantial period of time.
A person who seeks to become a California de facto parent status has the burden of proving by a preponderance of the evidence (in other words, proving that it is more probable than not) that he or she meets the criteria for receiving such status.
Whether a person is entitled to receive California De Facto Parent status depends on the individual and on the unique circumstances of each case.
Some things to remember about a California De Facto Parent is:
- The status of de facto parent does not give a person the same rights and responsibilities as a parent or guardian.
- De facto parents can participate as parties in disposition hearings and any later hearings.
- De facto parents can be represented by a lawyer, and can present evidence.
- De facto parents do not have an absolute right to reunification services, custody, or visitation.
If you have been taking care of a child who has been declared a dependent of a California Juvenile Court, you may be able to apply for and become a California De Facto Parent.
De Facto Parent Eligibility
To become a California De Facto Parent, you will need to show:
- The child is a dependent of a California Juvenile Court;
- You are or have been taking care of the child every day;
- You have been acting as the child’s parent;
- You are or have met the child’s needs for food, shelter, and clothing; and,
- You have also met the child’s needs for care and affection.
Factors the Court Considers for De Facto Parent Status
Some of the factors a judge will consider include, are:
- the care you are giving or have given to the child;
- how long you have been caring for the child; and,
- if you can present facts to help the court understand what is best for the child.
Rights of a De Facto Parent
If a judge finds you are a De Facto Parent, you will have the following rights:
- To be present at any juvenile dependency proceedings;
- To be represented by an attorney;
- To present evidence and cross-examine witnesses? and,
- To participate as a party in any other hearing including the juvenile disposition hearing.
CALL NOW TO MAKE AN APPOINTMENT FOR A FREE CONSULTATION