If you want to be included in your child’s dependency case

You may believe you have or should have parental rights to a child in a dependency case. For example, you may be father of the child or believe you might be the father of the child. You may also be a non-biological parent or the partner or spouse of the child’s biological parent. In this case it is very important you let the social worker and the court know that you want to be included in the child’s dependency case as a parent.

Parentage and parental status

Parentage is a word used in dependency court to refer to a child’s parents. There are different definitions of parental status for parents in dependency court, and you may qualify as a parent even if you are not biologically related to the child. 

At the first hearing, the court is required to ask the parent who shows up, and anyone else present who has information or knowledge, about the identity and location of anyone who may qualify as a father or other parent to the child. The court must then send that person notice of future court hearings. 

If the child has been removed from the other parent, the social worker is required to gather information about all possible parents, including any possible fathers. The social worker is required to provide notice of the first hearing. This notice could be on the phone, in person, or through the mail. That is your opportunity to show up in court to determine whether you are a parent and what your status may be.

If the father has not been identified or the mother has not provided enough information to identify or locate the possible fathers, at the first hearing, the court is required to ask the parent who shows up, and anyone else present who has information or knowledge, about the identity and location of anyone who may qualify as a father or other parent to the child. The court and/or the social worker will then send that person notice of future court hearings. 

Your legal status and rights

Your rights to visitation and reunification services in dependency court depend on which group you fit into:

You are considered to be an alleged father or parent if the mother of your child has told the social worker that you are the father or other parent or if anyone else with knowledge and information told the social worker or judge. You are also considered an alleged father or other parent if you show up to the first hearing and say that you are the parent of the child. 

Most fathers or other parents in dependency cases start off as alleged fathers or parents until the court can gather more information. Alleged parents have very few rights in dependency cases. As an alleged parent, you have the right to notice of the dependency hearings and you have the right to prove that you are a biological or presumed parent (see below). You might not have the right to custody or reunification services. And your relatives might not be given special consideration for placement of your child. 

You are a biological father if either is true:

  • A DNA test shows that you are the father of your child
  • You have a judgment of paternity from a family law court

As a biological father, you have the right to notice of dependency hearings and the right to show that you are a presumed father (see below). The court can also give you reunification services (these are services to help you get your child back into your care) if the social worker and court believe that giving you services would be best for your child. Your relatives will also get special consideration when the social worker decides where your child should live. 

If you are not sure you are the biological father, you can fill out a Statement Regarding Parentage (form JV-505) and ask the court to order a DNA test.

You can qualify as a presumed parent in several different ways. These are the most common ways to show the court you are the presumed parent: 

  1. Your name is on your child’s birth certificate
  2. There is a family court order that establishes a parental relationship
  3. You have acted like the child is your own and raised the child as your own
  4. You were married to the birth parent when the child was conceived or born

If you are a presumed parent, you have the right to reunification services (these are services that help you get your child back into your care). You also have the right to visitation and custody. Your relatives will also get special consideration when the social worker decides where your child should live.

Keep in mind that the presumed parent category does not necessarily apply only to men. If you and your partner are, or were, raising your child together you may qualify as a presumed parent. In this case, getting legal help is recommended.

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