Home » Practice areas » De Facto Parent in Dependency Proceedings – Definition » Has Abused or Endangered The Child
Practice Area
The Person Requesting De Facto Status Has Abused or Endangered The Child
When an individual meets some of the criteria but has committed a substantial harm to the child, such as sexual or other serious physical abuse that is fundamentally at odds with the role of parent, the perpetrator’s protectable interest in dispositional decisions is extinguished and that person is not entitled to receive de facto parent status. If the person’s conduct contributed to grounds for dependency jurisdiction that person’s conduct prohibits the individual from receiving the legal status of a de facto parent. An individual can also be denied de facto parent status where, despite a loving relationship with the child and a long period of caring for the child, the person neglects parental responsibilities by failing to enroll the child in school, failing to schedule medical and dental appointments, hitting the child, or allowing the child to witness domestic violence.
