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De facto Parent
What is it?

In some instances, a relative or a foster parent who has cared for a child on an on-going basis, can file a petition in the juvenile court asking the court to declare them de facto parents. A de facto parent is one who has assumed the role of a parent on a day-to-day basis. This means that the person has provided emotional support, taken care of the child's physical needs, and given the child affection for a substantial period of time just as the natural parent would do. Rules of Court 1401(a)(6).

In order to be considered a de facto parent a person files an application for de facto parent status with the juvenile court. On the application, the person tells the court how long s/he has been caring for the child and about the relationship s/he has with the child. It is important to tell the court all the ways you have cared for the child's needs. For example, you made sure the child went to school or day care, you spoke with the teacher about the child's progress, you took the child to the doctor for regular check-ups, you helped them with homework, you read stories to them before bedtime, etc. In other words, the person caring for the child wants to show the court all the ways s/he has been a "parent" to the child. See the sample "Application for De Facto Parent Status" in the Samples section of this manual.