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De Facto Parent

Posted on October 25, 2019February 2, 2020 by Editor

In California, only a California Juvenile Court can decide if an individual qualifies as a De Facto Parent.

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De Facto Parent

A de facto parent is a person, who is not the minor child’s biological parent, who has provided support and care for that minor child. A de facto parent is a person who has been found by the court to have assumed, on day-to-day basis, the role of the parent, fulfilling both the child’s physical and psychological need for care and affection, and who has assumed that role for a substantial period.

Factors to Consider

The care you gave or have given the child.
How long you have been caring for the child.
If you can present facts to help the court understand what is best for the child.

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 De Facto Parent.

Granting Status

You may qualify if you and the child meet the following criteria;

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.

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.