A person who is a kid's present or former caregiver and who the court has determined has taken on the day-to-day role of a parent to the child is known as a de facto parent. This indicates that the individual has been providing the child with the care and affection they require for a significant amount of time, both physically and psychologically.
In order to obtain de facto parent status, an individual must demonstrate by a preponderance of the evidence—that is, by demonstrating that there is a greater likelihood than not—that they meet the requirements for such status.
The determination of an individual's eligibility for De Facto Parent status is contingent upon their individual circumstances.
- A person does not have the same rights and obligations as a parent or guardian when they are considered a de facto parent.
- In disposition hearings and any subsequent hearings, de facto parents may be parties.
- De facto parents are entitled to legal representation and the ability to provide proof.
- The rights to visitation, custody, and reunification services are not absolute for de facto parents.
REQUIREMENTS OF A DE FACTO PARENT
San Diego family law judges prioritize the kid's best interests over all other considerations when determining child custody. Living with one or both biological parents is often thought to be in the best interests of the child, as was previously mentioned.
In certain situations, a de facto parent may be appointed if it is decided that the child's best interests are not served by living with their biological parents. There are a few conditions that must be fulfilled for this to occur, including:
- The child must be the court's dependent.
- The candidate for de facto parenthood has been providing for the child's daily requirements for a sizable amount of time.
- The candidate for de facto parenthood has been raising the child in that capacity.
How to file for de facto parent?
There are three actions a guardian must perform in order to become the child's de facto parent—two of which are necessary, and one of which is suggested.
Filling out the De Facto Parent Request Form (JV-295) is the initial step. This form expressly indicates that the individual filling it out wants to be the child's de facto parent and just requests basic contact information.
Filling out the De Facto Parent Statement Form (JV-296) is the second step. Potential de facto parents present their case on this form for why they ought to be given consideration for the position of de facto parent. They can describe what they know about the child that others might not know, as well as how long they have been providing daily care for the child.
To become the de facto parent, one must fulfill both of those two requirements. One further possible step is to provide endorsement letters from other individuals involved in the child's upbringing explaining why you should be the child's de facto parent. Any adult who has a relationship with the child, such as a teacher, coach, pastor, or other adult, is qualified to write these recommendation letters.
The Conclusion
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Disclaimer- The information provided in this content is just for educational purposes and is written by a professional writer. Consult us to read more about choosing family law attorney in San Diego.
