Am I a De Facto Parent?
Parentage appears in numerous forms. Biological parentage and legal adoption tend to be more commonplace; however, an often-overlooked form is that of “de facto parentage.” Conceptually, a de facto parentage legally recognizes the relationship between a child and a person who has acted as a parent, even if they are not the biological or adoptive parent of the child.
After representing claimed de facto parents in their court cases, it is clear that certain relationships are more likely to be deemed de facto parentages. It is incumbent on an attorney to collect significant evidence to present the case, and know the process and how to be successful in a de facto parentage case.
Practical Concerns
Naturally, the best place to begin is the statute, RCW 26.26A.440. Outside the procedural mechanisms of claiming de facto parentage, the court considers certain relational circumstances or factors to decide whether the de facto parentage relationship exists. These circumstances/factors will be taken in turn.
- The individual resided with the child as a regular member of the child’s household for a significant period.
This factor includes living with the child and treating the child as one’s own. Now, determining what constitutes a significant time can be difficult. I have litigated de facto parentage cases extending from a 6-year parental relationship and beyond, but in some circumstances a lesser period of time may be successfully argued.
- The individual engaged in consistent caretaking of the child.
This factor considers medical and dental care, physical and emotional development, social development, etc. Acts indicative of caretaking.
- The individual undertook full and permanent responsibilities of a parent of the child without expectation of financial compensation.
This factor is rather self-explanatory. Whether the de facto parent engaged in the caretaking of the child fully and permanently, as explained above, and neither expected nor received compensation for their efforts.
- The individual held out the child as the individual’s child.
This factor can be shown by the name the child calls the de facto parent, and vice versa. For example, if the child calls the de facto parent “Dad” or “Mom” or some variation thereof; or if the de facto parent refers to the child to the child and/or others as “my son” or “my daughter.” etc. It can also involve how the de facto parent presents the child to family, friends, and the world.
- The individual established a bonded and dependent relationship with the child which is parental in nature.
This factor can be indicated by the physical and emotional affection between the child and the de facto parent, such as hugs, cooking meals, and the child’s seeking comfort and affection from the de facto parent upon falling down or getting hurt.
- Another parent of the child fostered or supported the bonded and dependent [parental] relationship.
If another parent is involved, especially a biological parent, the de facto parentage claim can weaken; however, if the other parent affirms, fosters, or supports the de facto parentage claim, the claim can strengthen.
- Continuing the relationship between the individual and the child is in the best interest of the child.
If the child knows nothing other than the de facto parent as their parent, and/or if the child welfare would be best suited in the continued care of the de facto parent, a de facto parentage claim will strengthen.
Considerations
While any of these factors taken in isolation are not determinative, cumulatively, each factor aggregates the likelihood of a successful de facto parentage claim. Further, de facto parentage actions are complicated and usually the expertise of an attorney is highly advised so the claim is successful in court.
To learn more about de facto parentage, or to pursue de facto parentage, email us at info@beresfordlaw.com, or give us a call at 425-776-4100.
