§5.05 De Facto Parent

A de facto parent is a person who assumes the role of parent by fulfilling a child’s physical and psychological needs for a lengthy period on a day-to-day basis. [CRC 5.502(10).] A de facto parent’s relationship with a child may have developed over time through daily care, affection, and concern for the child. [In re Vanessa Z. (1994) 23 CA4th 258, 261.] Grandparents, for example, who have cared for a child and assumed a parental role may have a significant but not legally recognized relationship with the child. [See In re Ashley P. (1998) 62 CA4th 23, 27–30.]

A de facto parent may appear at the disposition hearing or subsequent proceedings. The de facto parent may present evidence and be represented by retained or, at your discretion, appointed counsel. [CRC 5.534(e).]

A person requesting de facto parent status must prove by a preponderance of the evidence that he or she is entitled to that status. [See In re Jody R. (1990) 218 CA3d 1615, 1626, and forms JV-296, JV-297.] A person who is the cause of the dependency proceeding should not be declared a de facto parent. [In re Leticia S. (2001) 92 CA4th 378, 382.]