De Facto Status in San Bernardino CPS

What is a De Facto Status in San Bernardino CPS in California?

A De Facto Status in San Bernardino CPS is a legal request made by a foster parent, relative, or other caregiver seeking recognition by the court as a de facto parent in a California Child Protective Services (CPS) case. This motion allows the caregiver to participate more fully in the dependency court process, including having a say in the child’s placement, visitation, and reunification plans.

The De Facto Status allows individuals who have cared for the child for a significant period of time to be considered as a parental figure in the child’s life, even if they are not the legal parent or guardian.

Who Can File a De Facto Status in San Bernardino CPS?

A De Facto Status Motion can be filed by any individual who has provided primary care and has had a significant relationship with the child but is not the child’s biological parent or legal guardian. Common petitioners include:

• Foster Parents: Individuals who have cared for a child in foster care and wish to have a formal voice in the court’s decision-making process.
• Relatives: Grandparents, aunts, uncles, or other relatives who have taken on the role of caregiver and have had significant involvement in the child’s life.
• Other Caregivers: Individuals such as family friends, or long-term guardians who have been involved in caring for the child, either informally or through formal arrangements.

When Can a De Facto Status in San Bernardino CPS Be Filed?

A De Facto Status Motion can be filed at any stage of a CPS case, including:

1. At the Outset of the Case: When a child enters foster care or the dependency system, the caregiver can file a motion for De Facto Status to participate in the court process.
2. During the Dependency Proceedings: If the caregiver becomes more involved in the child’s life during the dependency proceedings, they can file for De Facto Status to have a voice in decisions affecting the child’s welfare and placement.
3. After a Child’s Placement: If the child has been placed with a relative or foster parent, and that caregiver wishes to gain more influence in court hearings, they can file for De Facto Status to intervene in the legal decisions.

Purpose of De Facto Status in San Bernardino CPS

The purpose of De Facto Status is to give certain caregivers legal standing in a CPS case. While these caregivers do not have the same rights as legal parents, De Facto Status allows them to:

1. Participate in Hearings: Caregivers with De Facto Status are permitted to attend court hearings, present evidence, and be heard in dependency court regarding the child’s placement, visitation, and welfare.
2. Gain Standing for Custody and Visitation: A caregiver with De Facto Status may request custody or visitation rights and have these requests considered in the court’s decisions regarding the child’s best interests.
3. Influence Reunification and Permanency Planning: De Facto Parents can make recommendations or express concerns about the child’s reunification plan or permanency planning, including adoption or guardianship.
4. Protect the Child’s Stability: Caregivers with De Facto Status may advocate for maintaining the child’s current living situation if it is in the child’s best interest, especially if the child has developed strong bonds with the caregiver.

Legal Burden of Proof for De Facto Status in San Bernardino CPS

To obtain De Facto Status, the individual filing the motion must show that they have had a substantial relationship with the child and have acted as a primary caregiver for a significant period of time. The burden of proof typically involves demonstrating:

1. A Significant Parental Role: The caregiver must prove that they have fulfilled a parental role, providing care, emotional support, and financial stability for the child.
2. Substantial Involvement: The caregiver must show they have had substantial involvement in the child’s life. This may include evidence of the caregiver’s role in the child’s upbringing, their participation in the child’s schooling, medical care, and day-to-day care.
3. Best Interests of the Child: The petitioner must show that granting De Facto Status is in the best interests of the child, ensuring that the child’s ongoing relationship with the caregiver is supported.

How Shaw 3 Law Firm Can Help with a De Facto Status Motion

At Shaw 3 Law Firm, we understand the importance of a De Facto Status Motion in securing parental rights and ensuring the child’s well-being. Here’s how we can help:

1. Filing the Motion: If you are a foster parent, relative, or other caregiver seeking De Facto Status, our experienced attorneys can assist you in filing a well-documented motion, providing evidence of your relationship and caregiver role.
2. Building a Strong Case: We will help you gather evidence such as documentation of your care, testimonials, and records that demonstrate the child’s attachment to you and your role in their life.
3. Courtroom Representation: Our legal team will represent you in dependency court, presenting your case for De Facto Status and advocating for your right to be involved in decisions about the child’s placement, visitation, and other matters related to the child’s care.
4. Protecting the Child’s Best Interests: As part of your legal representation, we will advocate for the child’s best interests and ensure that your involvement in the case is beneficial for the child’s stability and well-being.
5. Advocacy for Visitation and Custody: If you are seeking custody or visitation rights with the child, we will help present the best case for how maintaining the child’s current living situation will benefit the child.
6. Challenging Opposing Parties: If other parties, such as biological parents or CPS, challenge your motion for De Facto Status, we will vigorously defend your position and fight for your role in the child’s life to be recognized and respected.

Contact Shaw 3 Law Firm for Help with De Facto Status

If you are a foster parent, relative, or caregiver seeking De Facto Status in a CPS case, don’t hesitate to reach out to Shaw 3 Law Firm. Our experienced attorneys are committed to helping you protect your role in the child’s life and ensure that the child’s best interests are at the forefront of all decisions made by the court.

Contact us today to schedule a consultation and learn how we can assist you in obtaining De Facto Status and gaining a voice in your CPS case. Check out Shaw 3 Law Firm recent Success Stories.

Shaw 3 Law Firm also handles cases in Riverside County, Los Angeles County and Orange County. Our attorneys are here to provide the legal guidance you need to protect your family.