Full question:
I would like to know why a "de facto parent" would come into the picture on a juvenile dependancy case and when it is considered by the court or county social services worker. Is a De Facto Parent the same as a guardian or a substitute for a parent, by the parent's order to show cause and action?
- Category: Courts
- Subcategory: Legal Definitions
- Date:
- State: California
Answer:
A "de facto parent" is someone who has taken on a parental role for a child, often in cases of juvenile dependency. This designation can arise when a child is removed from their biological parents and placed in the care of someone else, such as a relative or close family friend. Courts or county social services may consider a de facto parent when evaluating the child's best interests, especially regarding custody and visitation rights. A de facto parent is not the same as a legal guardian. While a guardian has formal legal authority over a child, a de facto parent may not have such legal status but still plays a significant role in the child's life. The court acknowledges de facto parents to ensure that the child's emotional and developmental needs are met, particularly when the biological parents are unable to care for them.This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.