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5 things you should know about being a de facto parent

On Behalf of Cullen Family Law Group | Feb 20, 2017 | Child Custody |

If you stepped into the role of caretaker for a child that’s a dependent of the court, you may have developed a bond with that child that transcends biological relationships. The courts will sometimes allow someone in this situation to be named a de facto parent.

In California, that can extend you rights that, while not exactly the same as a natural parent, increase your chances of maintaining custody of the child. Here are the facts that you need to know:

— A de facto parent is considered a party to juvenile court proceedings and can appear in court, present evidence and ask questions of witnesses.

— Filing your request for de facto parent status is relatively easy and should be done as soon as possible once you decide that you have an interest in maintaining custody of the child.

— You need to file forms JV-295, which is the formal request for de facto status, and form JV-296, which explains to the judge all of the reasons you feel that you should be granted status as a de facto parent. That form is particularly important because you have the burden of proof to show the court that you have formed a de facto parental bond, including what you know about the child’s hopes, dreams and needs.

— While de facto parents aren’t automatically granted visitation rights if the child is put back in the care of the natural parents, you may be able to obtain them. Similarly, while it isn’t an absolute right, the juvenile court may appoint a lawyer to help you if you have de facto status.

— If the court does not appoint an attorney to help you, your de facto status entitles you to hire a private attorney of your own for assistance.

If you’ve loved and tended a child for a significant amount of time and no longer sure that reunification with his or her natural parent is the best thing that could happen, a child custody attorney can provide advice.

Source: California Court: The Judicial Branch of California, “De Facto Parents,” accessed Feb. 20, 2017

I’ve been served divorce papers that include false allegations: what do I do?

On Behalf of Cullen Family Law Group | Jun 6, 2025 | Domestic Violence

Receiving divorce papers is already overwhelming. When false allegations are part of the paperwork, the situation can feel even more difficult. It’s essential to stay calm and know how to address the issue. Here’s what to do if you receive divorce papers containing...

Do domestic partnerships affect divorce rights?

On Behalf of Cullen Family Law Group | Apr 14, 2025 | Divorce

Domestic partnerships offer many of the same rights and responsibilities as marriage, but they can complicate the divorce process. If you're ending a domestic partnership, your legal path may differ from that of a traditional divorce, especially in California....

Moore / Marsden calculations in California divorce

On Behalf of Cullen Family Law Group | Apr 10, 2025 | Divorce

In California, Moore/Marsden calculations determine how to divide property when one spouse’s separate property has contributed to the acquisition or improvement of community property. These calculations ensure a fair division of property in divorce cases, particularly...

How can you document SP for asset protection?

On Behalf of Cullen Family Law Group | Apr 3, 2025 | Family Law

When you're about to get married, it's important to think about how to protect your assets, including spousal support (SP) money. If you've received spousal support in the past or expect it during your marriage, you may worry about documenting its use—especially if...

What to expect during child support enforcement actions

On Behalf of Cullen Family Law Group | Mar 23, 2025 | Child Support

Child support represents the financial contributions a non-custodial parent makes towards their child's upbringing. It ensures a parent meets the child's basic needs, such as food, housing, and education. It also supports a child's wellbeing, especially when parents...

Can you reimburse expenses before child support orders take effect?

On Behalf of Cullen Family Law Group | Mar 17, 2025 | Child Support

After a separation, managing child-related expenses can become a challenging task, especially before any official child support orders take effect. Many parents wonder if they can reimburse child expenses during this interim period. Understanding your rights and...

Do mothers have more rights than fathers in custody cases?

On Behalf of Cullen Family Law Group | Mar 11, 2025 | Custody & Visitation

When it comes to custody cases, it is a common misconception that mothers have more rights than fathers. This often stems from historical trends and societal assumptions about parenting roles. Whether you are a mother concerned about maintaining your relationship with...

Why should you update your advanced directives during a divorce?

On Behalf of Cullen Family Law Group | Feb 28, 2025 | Divorce

Going through a divorce is challenging. One crucial aspect that often gets overlooked is updating your advanced directives. These legal documents play a vital role in ensuring others respect your wishes, even when you cannot speak for yourself. Protecting your...

Can you protect yourself and your children without a divorce?

On Behalf of Cullen Family Law Group | Feb 25, 2025 | Domestic Violence

Domestic violence creates a terrifying and dangerous situation. You may feel trapped, believing divorce is your only option for safety. The good news is that California law provides legal alternatives if your moral beliefs prevent you from getting a divorce. Let us...

What can California parents do if their child refuses to visit the other parent?

On Behalf of Cullen Family Law Group | Feb 14, 2025 | Child Custody

Dealing with a child who does not want to see their other parent can create stress for everyone involved. California courts expect parents to follow custody orders while being sensitive to their children's feelings. Parents can struggle to balance their legal...

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Recent Posts

  • I’ve been served divorce papers that include false allegations: what do I do?
  • Do domestic partnerships affect divorce rights?
  • Moore / Marsden calculations in California divorce
  • How can you document SP for asset protection?

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