Rialto California Order Ending De Facto Parent Status

State:
California
City:
Rialto
Control #:
CA-JV-298
Format:
PDF
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Description

This California Judicial Council form is used in a de facto parent proceeding and is completed by the judge. This form is used when the court finds that there is a change in the circumstances that no longer supports the de facto status and terminates appointment of de facto parent.

Rialto California Order Ending DE Fact Parent Status refers to a legal process that terminates the de facto parent-child relationship between an individual and a child in the city of Rialto, California. This order is typically granted by the court when certain conditions or circumstances warrant the termination of the de facto parent status. In Rialto, like in many other jurisdictions, there may be different types of orders ending de facto parent status, depending on the specific circumstances and legal grounds for termination. Some key categories or types include: 1. Neglect or Abuse: If the de facto parent is found to have neglected or abused the child, the court may issue an order terminating the de facto parent status. This is done to protect the child's well-being and ensure their safety. 2. Changing Circumstances: In some cases, there might be significant changes in the de facto parent's life or circumstances that make it unsuitable for them to continue in their role. This could include factors such as relocation, addiction, incarceration, or mental health issues that pose a threat to the child's welfare. 3. Consent or Relinquishment: The de facto parent may voluntarily give up their rights and responsibilities towards the child by consent or relinquishment. In these cases, the court may issue an order terminating the de facto parent status to reflect this decision. 4. Adoption or Reunification: In situations where the child is being adopted or reunited with their biological parents or legal guardians, an order ending de facto parent status may be necessary. This allows for a smooth transition of custody and ensures that the child's legal connections are aligned with their new or original family. 5. Court Determination: Sometimes, the court may intervene and make a determination that it is in the best interest of the child to terminate the de facto parent status. This could occur when evidence suggests that the relationship is no longer beneficial or stable for the child involved. 6. Guardianship or Custody Transfers: When a child's custody is being transferred to a new legal guardian or custodian, such as a relative or foster parent, an order ending de facto parent status may be ordered. This helps formalize the new custodial arrangement and ensures legal clarity for all parties involved. It is important to note that the process and requirements for obtaining an order ending de facto parent status may vary within California and specifically in Rialto. Consulting with a qualified family law attorney or seeking legal advice from relevant authorities is crucial to fully understand the specific procedures, documentation, and legal aspects involved in these cases.

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FAQ

Primary tabs. De facto action is an action taken without strict legal authority to do so, but recognized as legally valid nonetheless. The action is considered something that acquires validity based on the fact of its existence and tradition.

A de facto parent is a person who is the current or recent caretaker of a child and who has been found by the court to have assumed, on a day-to-day basis, the role of a parent to the child.

A de facto parent is a person who is the current or recent caretaker of a child and who has been found by the court to have assumed, on a day-to-day basis, the role of a parent to the child.

In California, the law allows children age 14 and up to express their parental preference to aid in determining custody. However, no matter the child's age, a judge will consider their preference in evaluating the overall suitability of the custody arrangement.

(Cal. Fam. Code § 3042 (a).) If a child is at least 14, the law allows the child to state a custodial preference, unless the judge believes doing so would be detrimental.

In California, the courts consider and give weight to a child's preference when the child is ?of sufficient age and ability to voice an intelligent opinion on custody or visitation.? At the age of fourteen, a child can state a custodial preference unless the court believes doing so would be detrimental.

Visitation Problems When There Are No Court Orders It is unlawful however for one parent to conceal the child(ren) from the other parent, or for a parent not to provide some form of contact/visitation to the other parent.

To apply, fill out the following forms: De Facto Parent Request (Form JV-295. ): Asks for your name, address, and phone number.De Facto Parent Statement (Form JV-296. ): Say why you think the judge should decide that you or the other person named on Form JV-295 is a de facto parent.

If you choose to file the form in person: Make 8 or more copies of the completed JV-180 form and attachments. Take the original JV-180 form (plus 8 copies) to the court clerk's office at the courthouse where the hearing will be held.

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Rialto California Order Ending De Facto Parent Status