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What Is a de facto Custodian?

How do I qualify as a de facto custodian? To qualify as a de facto custodian, you must prove you have been the child's primary caregiver and have provided financial support for: (a)  A continuous period of six months or more for a child under the age of three; or (b)  A continuous period of one year or more if the child is three years or older, or has been placed in the home by the department of community based services. The de facto custodian must be (1) the primary caregiver and (2) the primary financial supporter for (3) the requisite time period.  Note that all three requirements must be met to achieve de facto custodian status.  (If a parent has commenced an action to have the child returned the time after the commencement is not included in determining the required minimum time period.) If you have questions about qualifying as a de facto custodian, consult an attorney.  What else should i know about qualifying as a de facto custodian?  * De facto custodianship is not met if a parent pays child support to the grandparent and seeks visitation with the custody of the children. * De facto guardianship is found where a grandparent has provided for the safety, shelter, and security of the children. The de facto custodian must be the primary caregiver and financial supporter, but must also do so to a greater degree than the natural parents.  The grandparent must literally stand in the place of the natural parent. What are the effects of being a de facto custodian?  If you meet the de facto custodian requirements, then you possess standing equal to a biological parent in custody proceedings. This means that the court can listen to what you have to say in a custody proceeding. If you have a custody case, contact Michael Bouldin at 859-581-6453 or email at [email protected] .

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