While de facto parents are not guaranteed the same rights as a legal guardian, by becoming a de facto parent, one may be more involved in a child’s juvenile dependency case. Here’s what you need to know about de facto parent custody rights in California.
A de facto parent is an individual who is the current/recent caretaker of a child and has been deemed by the court to have assumed the day-to-day role of a parent to the child. An individual can be granted de facto parent status by a juvenile dependency court if they meet the physical and psychological needs of a child of juvenile dependency for an extended period of time.
What are the Custody Rights of De Facto Parents in California?
De facto parents have the right to the following:
- Participate as parties in disposition hearings and any later hearings
- Be represented by a lawyer
- Present evidence
- Cross-examine witnesses
Related: De Facto Parents and Juvenile Dependency
What Rights Are Not Entitled to De Facto Parents?
De Facto parents do not have legal custody of the child and therefore, do not have the same rights and responsibilities as a parent or guardian. Unless otherwise stated, here are some specified rights restricted from de facto parents:
- To reunification services
- To custody
- To visitation
- To rehearing
- To Attorney fees [however, in some cases, judges may provide an attorney and the court will pay the fees]
In addition, de facto status parents are not granted any other rights entitled to legal guardians. Inheritance does not apply to de facto-status parents and is a perfect example of a right only permitted between a child and their legal guardian.
Related: De Facto Parent Child Support Rights in California
FAQs About De Facto Parent Custody Rights in California
Can legal guardianship be revoked?
It can be terminated by order of the child welfare agency that is required to prove the circumstances no longer support the status. For example, legal guardianship can be revoked when it can be proven that a psychological bond no longer exists between the adult and child.
Related: Legal Guardianship in California: The Basics
How to file for de facto parent custody rights?
Carefully read and fill out the “De Facto Parent Request” ( Judicial Council Form JV-295 ) and “De Facto Parent Statement Form” (Judicial Council Form JV 296 ). This is a formal request to the court to recognize the child’s present or previous caregiver as de facto parents and grant them the right to participate in disposition hearings and all hearings thereafter that concern the dependent child’s status.
A strong case often includes declarations by the applicant, or exhibits, such as pictures and videos to supplement these forms. It is also recommended to attach letters from witnesses who can attest to the relationship between potential de facto parent and child. This can include all of the following but is not limited to:
- Teachers
- Therapists
- Pediatricians
- Spiritual advisors
Can they reject my de facto parent application?
Applications can be rejected for a range of reasons so make sure to prepare a strong request. Also, keep in mind that some counties in California are not de facto parent-friendly and are more likely to argue against the application.
In the instance of a denial of de facto parent status, current caregivers may further inform the judge of their feelings and relationship with the child by filing a Caregiver Information Form (Form JV-290). Those that are not current caregivers, may send a letter to the court. Instructions for filling and filing the Sheet for Caregiver Information Form can be found here: Form JV-290-INFO
Contact Us
If you or a loved one would like to learn more about de facto parent custody rights in California, get your free consultation with one of our child custody attorneys today!