De Facto Status in Los Angeles CPS

What is De Facto Status in a Los Angeles CPS Case?

De Facto Status in Los Angeles CPS allows a foster parent, relative, or caregiver to be recognized by the court as a de facto parent in a California CPS case. This motion gives the caregiver a voice in decisions about the child’s placement, visitation, and reunification plans, even if they are not the legal parent or guardian.

Who Can File for De Facto Status in Los Angeles CPS

Anyone who has cared for the child and formed a significant relationship, but is not the child’s biological parent or legal guardian, can file for De Facto Status. Common petitioners include:

• Foster Parents: Those who have provided long-term care and want to be involved in court decisions.
• Relatives: Grandparents, aunts, uncles, or other family members who have cared for the child.
• Other Caregivers: Family friends or long-term guardians involved in the child’s life.

When Can De Facto Status in Los Angeles CPS Be Filed?

A motion for De Facto Status can be filed at any stage of the CPS case:

• At the Start: When the child enters foster care, the caregiver can request De Facto Status.
• During Dependency Proceedings: If the caregiver becomes more involved during the case, they can file for recognition.
• After Placement: If a child has been placed with a caregiver, they can file to gain influence in court decisions.

Purpose of De Facto Status in Los Angeles CPS

De Facto Status grants legal standing to certain caregivers in a CPS case. While not equal to legal parental rights, it allows caregivers to:

• Participate in Hearings: Attend court hearings, present evidence, and voice opinions on placement, visitation, and welfare.
• Request Custody or Visitation: Caregivers can ask for custody or visitation rights to be considered by the court.
• Influence Reunification and Permanency: Caregivers can advocate for the child’s reunification or permanent placement.
• Protect Stability: They can advocate to keep the child in their current living situation if it’s in the child’s best interest.

Legal Burden of Proof for De Facto Status in Los Angeles CPS

To be granted De Facto Status, the caregiver must show:

• Parental Role: Proof of providing primary care, emotional support, and financial stability.
• Substantial Involvement: Evidence of the caregiver’s active role in the child’s life, including schooling, medical care, and daily care.
• Best Interests of the Child: The caregiver must demonstrate that granting De Facto Status supports the child’s well-being and ongoing relationship.

How Shaw 3 Law Firm Can Help

Shaw 3 Law Firm can guide you through the De Facto Status process. We can:

• File the Motion: Help you file a well-documented motion, showing your role in the child’s life.
• Build Your Case: Gather evidence, including care documentation and testimonials, to strengthen your case.
• Represent You in Court: Advocate for your right to participate in decisions about the child’s care, placement, and visitation.
• Protect the Child’s Interests: Ensure that your involvement serves the child’s best interests and stability.
• Advocate for Custody and Visitation: Help you present a strong case for maintaining the child’s current living situation.
• Challenge Opposing Parties: Defend your motion if CPS or biological parents oppose your request for De Facto Status.

Contact Shaw 3 Law Firm for Help

If you are a foster parent, relative, or caregiver seeking De Facto Status, contact Shaw 3 Law Firm. Our experienced attorneys are dedicated to protecting your role in the child’s life and advocating for the child’s best interests.

Review some of our Success Stories.

We also handle cases in Riverside, San Bernardino, and Orange Counties. Reach out today for a consultation.