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When it comes to child custody and dependency cases in California, the term “De Facto Parent” is frequently mentioned.
De facto parent refers to someone who has assumed a significant responsibility for a child’s care, nurturing, and development.
This term is often used in cases where a biological or adoptive parent cannot care for their child, and someone else steps in to provide for the child’s needs.
This article will discuss what a de facto parent is in California, their legal rights, and how Rule 5.502(10) of the California Rules of Court plays a role.
A de facto parent is a person who has established a parental relationship with a child, even though they may not be the child’s biological or adoptive parent.
According to California Family Code § 7611(d), a de facto parent is a person who has been found by the court to have assumed “day-to-day care and control of the child” for a substantial period of time [See also, In re B.G. (1974) 11 Cal.3d 679].
This includes individuals who have been providing for the child’s physical, emotional, and educational needs.
In California, de facto parents have certain legal rights when it comes to child custody and visitation.
Under Rule 5.502(10) of the California Rules of Court, de facto parents have the right to participate in child welfare and court proceedings involving the child, including the right to notice and the right to be heard.
This means that de facto parents can attend court hearings and voice their opinions on matters related to the child’s welfare, such as custody, visitation, and placement.
Additionally, de facto parents have the right to seek legal custody of the child.
Under California law, a de facto parent may be granted legal custody if it is in the child’s best interests and the biological or adoptive parents are unable or unwilling to care for the child.
This can include situations where the biological or adoptive parent has abandoned the child, is incarcerated, or is otherwise unable to provide for the child’s needs.
WIC 366.26(n) is a California law provision that specifically addresses de facto parents’ role in child dependency cases.
This section provides that when the court considers the permanent plan for a dependent child, it must consider the de facto parent’s relationship with the child and the impact that the permanent plan will have on that relationship.
In other words, this provision recognizes the vital role that de facto parents play in a child’s life and ensures that their interests are considered when determining the child’s permanent placement.
By including this provision, California law acknowledges the vital role that de facto parents play in the lives of dependent children and works to ensure that their rights are protected.
It’s important to note that De Facto parents have procedural rights, but not substantive rights.
If you are a De Facto parent, it is crucial to get a CPS lawyer as soon as possible.
You deserve to have a CPS lawyer who will help you fight to protect your rights. If you are dealing with a juvenile dependency case, child-welfare services case, or CPS case in Orange County, California, or Southern California, you need the juvenile dependency attorneys at ALL Trial Lawyers by your side.
Don’t risk calling the wrong lawyer. If CPS is investigating you, you do not have to deal with them alone.
We know how the juvenile court process in California works. We have handled hundreds of juvenile dependency cases in Orange County, San Diego County, Los Angeles County, San Bernardino County, and Riverside County.
Whether you are in Newport Beach, Irvine, Fullerton, Laguna Hills, Mission Viejo, Garden Grove, Anaheim, or any city in Orange County, we are here to help.
We have an office located near you, and we’re ready to start working on your case.
Call us now to speak to a CPS lawyer and for your free consultation. Call (866) 811-4255.
Dealing with a CPS case can be scary. You don’t have to face a CPS case alone.
De facto parents play a critical role in the lives of many children in California. They provide love, care, and support to children who may not have a stable home environment.
As such, it is essential to understand their legal rights and the role they play in child welfare and court proceedings.
If you are a de facto parent, it is important to seek legal advice of an experienced juvenile dependency lawyer to ensure that your rights are protected.
By understanding the legal framework that governs de facto parents in California, you can better advocate for the children in your care and help them to achieve the best possible outcomes.
A mother faced one of the most difficult dependency cases imaginable after her child suffered multiple skull fractures, bruising, a bite mark, and additional injuries. The Agency recommended bypassing reunification services altogether, effectively seeking to permanently separate the family. Following a contested trial, All Trial Lawyers successfully obtained reunification services for the mother. Continued advocacy ultimately resulted in the child’s safe return home.
A mother faced allegations of inappropriate discipline, including claims of physical abuse, together with a prior CPS history, domestic violence history, and criminal history. The child was initially detained. Despite these substantial obstacles, All Trial Lawyers negotiated aggressively and successfully advocated for reunification. At the combined jurisdiction and disposition hearing, the court returned the child to the mother’s care over the Agency’s recommendation.
All fields are required. If you need immediate assistance, do not hesitate to call us at (866) 811-4255.
Mohammad Abuershaid, professionally known as Mo Abuershaid, is the founding partner of ALL Trial Lawyers and one of California’s most trusted authorities in dependency law, juvenile dependency cases, CPS defense, and high stakes CPS cases.
