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  #1  
Old 03-31-2008, 11:50 AM
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sgtfirstwife sgtfirstwife is offline
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What are the chances? Filing for De Facto

We were placed with an infant back in Jan. He has a sibling sister whom has lived in another foster home for several months. The other foster family already had one child and did not want to take the baby when he was born. Last month I was invited to a meeting with the social service department to decide what to recommend to the courts regarding putting the children in the same foster home (it looks like this case will go to TPR) . It was decided by all there that the children should remain in there respective foster homes due to the older sister being very, very bonded with her present foster family. She had a very difficult transition into the family and it is feared that if she is removed it could cause real harm. We all agreed that we would maintain open and continued contact between the two children, should this go to adoption. This recommendation is to be presented to the court next month.

My question is how much do the courts follow the recommendation of the department of social services. I know that the GAL is pushing to have the children placed together, but she has not even ever met the children. We are also considering hiring an attorney and filing for De Facto. Can anyone explain how this works to me? It was recommended by one of the social workers that I do this.

Any information would be helpful. Thanks
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  #2  
Old 03-31-2008, 01:06 PM
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hkolln hkolln is offline
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I thought for defacto you had to have the child for at least 6 months? I don't know how it works but I can remember someone on here mentioning that.
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  #3  
Old 03-31-2008, 01:39 PM
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momofbgtwins momofbgtwins is offline
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Here in California you have to have the child in your home for 6 months before you can file for De Facto Parent status. I wish I could help you more, I guess it all depends on what the judge feels is best for the children.
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Old 03-31-2008, 02:42 PM
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In some states you can NOT file for de facto as a foster parent and in most other states, it is at least six months. Good luck.
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Old 03-31-2008, 05:00 PM
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We did not need an attorney

We filed for De Facto Parent Status on our own. We were advised to do so by our social worker and it was before our daughter had been in our home for 6 months (we are in Cali). We just filled out a simple two page form, wrote a brief letter to the judge, handed it in at the court hearing and voila! we were De Facto Parents.
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Old 04-01-2008, 07:26 PM
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KelleyF KelleyF is offline
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What exactly is De Facto Parent status and why would you file for it? Don't both parents have to be TPR'd to get that?
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