Petitioning for De Facto Parentage

The Connecticut Parentage Act has introduced a new way for people to become legal parents in the state. A de facto parentage petition can now establish the same legal relationship between a child and the individual as its parent as giving birth, adopting, or officially acknowledging parentage. This petition acknowledges someone as a parent based on their long-term role in a child's life. To qualify, the person must have been acting as the child's parent, not just a caretaker, for a significant period.

These petitions have a high evidentiary burden, requiring that the petitioning person provide seven elements of clear and convincing evidence.  This is a higher burden than required for most civil proceedings.  The act is intentionally designed so that only a person who truly has cared for the child as a parent can seek the legal status of parent.  While there are no restrictions on who can file such a petition, a person must be able to attest to specific facts that demonstrate they fulfill all seven of the following prongs, which include:

• The petitioning person has lived with the child as a member of the child’s household for at least one year (unless there is good cause for the court to accept a shorter time period).
• The petitioning person has consistently cared for the child and has participated in decisions concerning the child’s care.
• The petitioning person has taken on the “full and permanent responsibilities” of caring for the child without any expectation of financial compensation.
• The petitioning person has held out the child as that person’s own child.
• The petitioning person has established a “bonded and dependent” relationship with the child that is parental in nature.
• An existing legal parent of the child “fostered or supported” the bonded and dependent parent-child relationship between the petitioning party and the child.
• Continuing the relationship between the petitioning person and the child is in the child’s best interests.

Under the Act, there are circumstances where a child could have three legal parents.  When a petitioning person is seeking to be the third legal parent, the standard is even higher than what is set forth above.  In addition, the petitioning party must also prove to the court that the failure to recognize that the child has more than two legal parents would be detrimental to the child.  This does not require that one of the existing legal parents be found unfit. 

These petitions can proceed whether or not the existing legal parent(s) consent. However, if an existing legal parent(s) objects, that person has the right to argue that the petitioning person fails to meet the high standard required to be adjudicated a legal parent of the child.  In the case of a contested petition, the judge will hold an evidentiary hearing and determine whether to grant the petitioning party’s request to be adjudicated a legal parent of the child in question. 

These petitions are extremely fact specific.  The Family Law attorneys at Pullman & Comley, LLC are able to help you understand these types of petitions within the context of your individual circumstances.