Defacto: Every child deserves a place they can call home and many children have found that home with a relative. The greatest majority of these new families were formed outside of the formal foster care system and therefore do not receive the same level of security that a formal placement would provide. These families have stepped forward to prevent the child from entering the formal system, but need to have a legal relationship established. A number of states have recognized this in the form of a de facto custodian law. A true de facto law simply acknowledges that someone other than the parent has been the primary caretaker of the child and allows the court to use the best interests of the child standard in determining custody. With parental rights comes parental responsibility and a de facto law only applies to the children whose parents have already shown a disregard for their obligation by leaving them with a non-parental caregiver for an extended period of time. By enacting a de facto custodian law, you will validate the place these children call home. De facto custodian. (a) De facto custodian means an individual who has been the primary caretaker for a child who has, within the 24 months immediately preceding the filing of the petition, resided with the individual without a parent present and with a lack of demonstrated consistent participation by a parent for a period of: (1) six months or more, which need not be consecutive, if the child is under three years of age; or (2) one year or more, which need not be consecutive, if the child is three years of age or older. (b) For purposes of the definition in this, lack of demonstrated consistent participation by a parent means refusal or neglect to comply with the duties imposed upon the parent by the parent-child relationship, including, but not limited to, providing the child necessary food, clothing, shelter, health care, education, creating a nurturing and consistent relationship, and other care and control necessary for the childs physical, mental, or emotional health and development. Like · · about a minute ago
Posted on: Fri, 21 Mar 2014 17:39:06 +0000
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