Also known as: de facto parent · de facto parents · de facto parentage · de facto parent doctrine
Written by attorneys · grounded in primary & secondary sources — see below
A functional parental status recognized by statute when an individual satisfies enumerated criteria including residence with the child as a household member for a significant period, consistent caretaking, assumption of full parental responsibilities without expectation of compensation, holding the child out as the individual's own, formation of a bonded and dependent parental relationship fostered or supported by another parent, and a determination that continuation of the relationship serves the child's best interests.
Select any source to read its text and confirm it supports the definition.
Derek Douglas moved into Charlie's home at age fourteen after his biological parents abandoned him. Charlie paid for Derek's schooling, introduced him as his son at community events, and listed him as a dependent on tax returns for several years. After Charlie died intestate as to certain assets, the court recognized Derek as Charlie's child through de facto parentage and awarded him an equal share of the remainder with Charlie's formally adopted daughter.
Devon Drake lived with his former partner's child for several years and performed daily caregiving tasks. Devon filed a verified petition in state court asserting de facto parent status while the child was still a minor. The court proceeded to adjudicate the claim because Devon was alive at filing and met the statutory prerequisites for commencing the action.
The claimant must demonstrate by clear and convincing evidence seven statutory factors, including residence with the child as a regular household member for a significant period, consistent caretaking, assumption of full parental responsibilities without financial compensation, holding the child out as the claimant's own, formation of a bonded parental relationship, support of that relationship by another parent, and that continuation serves the child's best interests.
Supporting sources
The proceeding must be commenced before the child reaches eighteen years of age and while the child is alive, by an individual who is alive at the time of filing and who claims de facto parent status.
Supporting sources
The claimant must file an initial verified pleading alleging specific supporting facts, which is served on all parents, legal guardians, and other parties. An adverse party may file a verified responsive pleading. The court then determines on the pleadings, or after an expedited hearing if necessary, whether the facts satisfy the statutory requirements by a preponderance of the evidence.
Supporting sources
A parent-child relationship established through de facto parentage entitles the individual to inherit as a child under the probate code, allowing distribution of assets not disposed of by will according to the rules of intestate succession.
Supporting sources