Understanding De Facto Parentage in Washington State: What You Need to Know

Have you been acting as a parent to a child who is not biologically yours? Are you a legal parent unsure of the rights of someone who has been acting as a parent to your child? The concept of de facto parentage recognizes a person as a parent even if they are not biologically related to the child and haven't formally adopted. It’s a complex area of family law, especially here in Washington State. This blog post will help you understand what de facto parentage is, how it's established, and what it means for everyone involved.

What is a De Facto Parent?

In Washington, a de facto parent is someone who has established a meaningful parental relationship with a child, even though they are not the biological or adoptive parent. Many de facto parents are same-sex partners, step-parents, grandparents, or other family members. This typically involves taking on parental responsibilities, such as providing care, support, and guidance, and forming a strong emotional bond with the child.

Establishing De Facto Parentage in Washington: The Requirements

Washington courts recognize de facto parentage in certain circumstances. There isn't a single definition in the law, but case law has developed the criteria. Generally, a person seeking to establish de facto parentage must demonstrate the following:

1. A Relationship with the Child's Legal Parent: The de facto parent usually has a relationship with one of the child's legal parents (biological or adoptive). This connection is often how they become involved in the child's life.

2. Consent and Intent: The legal parent must have consented to and intended for the person to act as a parent to the child. This implies a shared understanding and agreement that the person is fulfilling a parental role.

3. Parental Role: The person must have consistently and actively performed parental functions for the child. This includes providing physical care, emotional support, guidance, and making decisions about the child's well-being. The involvement should be significant and go beyond that of a mere caregiver or babysitter or even foster parent.

4. Bond with the Child: A strong, loving, and dependent bond must have developed between the person and the child. The child should view the person as a parent figure.

5. Detriment to the Child: It must be shown that denying the person de facto parent status would be detrimental to the child's well-being. This highlights the focus on the child's best interests. Disrupting the established parent-child relationship could negatively impact the child.

   
   

To adjudicate parentage of an individual claiming to be a de facto parent, the individual must demonstrate that they resided with the child as a regular member of the household for a significant period, engaged in consistent caretaking of the child, undertook full and permanent responsibilities of a parent without expectation of financial compensation, held out the child as their own child, and established a bonded and dependent relationship with the child that was fostered or supported by another parent of the child, and that continuing the relationship between the individual and the child is in the child's best interest.

Legal Implications of De Facto Parentage in Washington State

Once de facto parentage is established, the de facto parent may have certain rights and responsibilities similar to those of a legal parent. These could include:

• Custody and Visitation: The de facto parent may be able to seek custody or visitation rights with the child.

• Decision-Making: The de facto parent may have a say in decisions regarding the child's education, healthcare, and other important matters.

• Child Support: In some cases, the de facto parent may be obligated to pay child support.

  
  

Important Considerations

De Facto Parentage cases in Washington State are highly fact-specific. The outcome depends on the unique circumstances of each case. If you are seeking to establish or challenge de facto parentage, it is crucial to seek professional guidance from an experienced family law attorney, because this is a complex legal area. The court’s primary concern in de facto parentage cases is always the best interests of the child.

For assistance with your family law concerns, call us at 206-703-0764 or contact us online to schedule a consultation.