De facto parents
If you've been caring for a child who was declared a dependent of the juvenile court and you want to become more involved in the court case, you can ask the judge to find that you are the child's de facto parent. As a de facto parent, you will have the right to participate more in the child's court case.
De facto parent
A de facto parent is someone who the judge finds has taken on the day-to-day role of a parent of a child for a substantial amount of time. The person has been fulfilling the child's emotional and physical needs, like providing them with food, shelter, and clothing.
No law says exactly what a “de facto parent” needs to be. Judges make this decision based on other court cases and on rule 5.502(10) of the California Rules of Court.
De facto parent rights
If the judge finds you are a de facto parent, you have the right:
- To be present at dependency proceedings
- To be represented by a lawyer if you hire one, or, in some cases, the court may appoint a lawyer at no cost to you if the judge thinks that is necessary
- To present evidence
You can learn more about these rights by reading rule 5.534 of the California Rules of Court.
How to apply for de facto parent status
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Fill out forms
- De Facto Parent Request (form JV-295)
On the form, tell the judge that you want to be the child’s de facto parent. Sign and date the form. If you live with someone who also wants to be the de facto parent, then you both need to sign the form. If you have an attorney, they will sign the form too.
- De Facto Parent Statement (form JV-296)
On the form, tell the judge why they should decide that you or both of you should be named the child's de facto parent. You can also attach letters from others who know you and the child. For example, teachers, therapists, pediatricians, or spiritual advisors.
For example, give information like:
- How long you have cared for the child
- What you do with the child
- What you do for the child
- How much you care for the child
- What you know about the child’s special needs, desires, and hopes
- How you can meet the child’s needs
The judge needs this type of information to make a decision.
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Find out if you need to serve the forms
Some county courts may require you to have a copy of your request sent to the other parties in the case. This is called serving court papers. This means another adult that is not part of the case mails them a copy of then fills out a form a proof of service, that says that had it mails.
Contact the court to find out if they requre you to serve the forms.
If your court requires this, make enough copies for all the other parties in the case. Give these to another adult to mail to the parties. Then, that person must fill out and sign a Proof of Service (form JV-510).
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Make copies and file form
Make at least 2 copies of all your filled-out request forms. One of these copies will be for you to keep.
Take or mail the original and the copies to the court clerk. The clerk will stamp the forms, keep the original and give you back a copy. If you mail the forms, you need to include a self-addressed and stamped envelope so the clerk can mail a stamped copy back to you.
In some counties, you mail be able to file the forms online, called efiling. Checkon the court's website or contact the court to find out.
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Get court's decision
Only the juvenile court judge can decide if you are a de facto parent. The judge will apply case law and rule 5.502(10). The judge will consider the care you gave the child and how long you did it. Also, the judge will decide if you can help the court understand what is best for the child — the child’s best interest. If you have harmed the child or put the child at risk, the judge will likely decide that you are not a de facto parent.
You can tell the judge what you feel or know about the child by filing a Caregiver Information Form (form JV-290), or if you are not the current caregiver, by sending a letter to the court. If you need help filling out Form JV-290, read the Instruction Sheet for Caregiver Information Form (form JV-290-INFO).