Stats / Research

“The best interests of a child are assured only by protecting the child’s psychological well-being as well as the child’s physical well-being.”

De Facto Parent Doctrine Nationwide

24 States and the District of Columbia have now adopted their own equivalents to the de facto parent doctrine, either by statute or judicial creation, using a variety of terms to refer to their definition of the de facto parent, including psychological parent, person acting in loco parentis, de facto parent, and parent by estoppel. [Children’s Legal Rights Journal Vol. 33 Adapting to the Modern Family.]

“Each state that has adopted a de facto or psychological parent doctrine has slightly different nuisances, but central to each of them, includes an analysis based on the length of the parent-child relationship, as well as the extent of the relationship and attachment…” [IN THE CASE OF BIOLOGY V. PSYCHOLOGY: WHERE DID MY “PARENT” GO?]

In spite of statutory differences varying state to state, one thing we can be sure of…each of the twenty-four states that have passed a De Facto law, were compelled to act when faced with the realization that their state statutes failed to protect thousands of children in each state.

Quick Fact Sheet

Laramie County Community Action – Kinship Support Services – Letter Addressing Guardianship Facts

WYOMING CASE LAW REGARDING “UNFITNESS” FACTORS OF BIOLOGICAL PARENT Reference: Wyoming Legislative Service Office Memorandum October 27, 2017 Important Information Your Attorney Needs to Know!

Uniform Nonparent Custody Act – National Conference of Commissioners on Uniform State Laws
APPROVED AND RECOMMENDED FOR ENACTMENT IN ALL THE STATES” JULY, 2018

Uniform Parentage Act – National Conference of Commissioners on Uniform State Laws – Passed 2017 Excerpt–
Relevant sections 609 on de facto parents and section 613, on resolving parentage disputes – Recommended review, Barbara Atwood, Vice Chair
“Approved and Recommended for Enactment in All the States”

Uniform Guardianship, Conservatorship and Other Protectives Arrangements Act” – EXCERPT

Children’s Legal Rights Journal Volume 33 Issue 2 Fall 2013 – Adapting to the Modern Family: Recognizing the Psychological Parent in Child Welfare Proceedings, Sarah E. Oliver – Excerpt

Children and Their De Facto Parents – Past, Present and Future Third-Party Custody and Guardianship Law In Oklahoma, Donelle H. Ratheal – Excerpt

The Fundamental Truth About Best Interests – St. Loius University School of Law, Julia Halloran McLaughlin – Excerpt

…The Psychological Parent Standard – Villanova Law Review Volume 39, Issue 3, Vanessa L. Warzynski – Excerpt

IN THE CASE OF BIOLOGY V. PSYCHOLOGY: WHERE DID MY “PARENT” GO? Michelle Gros

Children, Kin, And Court: Designing Third Party Custody Policy to Protect Children, Third Parties, And Parents; Legislation and Policy: The “Harm” Standard, Josh Gupta-Kagan – Excerpt

Attachment Theory and Consequences of Disrupted Attachment, Dr. James R. Baroffio, Jr., Clinical Psychologist (appearing as a witness at the 09/21/2018 Joint Interim Judiciary Committee meeting)

The Fundamental Truth About Best Interests, (complete publication) Julia McLaughlin, Professor of Law, FL Coastal School of Law (appearing as a witness at the 09/21/2018 Joint Interim Judiciary Committee meeting)