Adjudicating De Facto Parentage

This CLE examines the rapidly evolving and inconsistent legal landscape surrounding de facto parentage, the doctrine through which courts confer parental rights on individuals who assume a parental role regardless of biological or adoptive ties. Roughly two-thirds of states now recognize functional parent claims, yet they are sharply divided on the attendant rights and responsibilities of de facto parents. Attendees will learn about the existing competing approaches and procedural considerations for adjudicating de facto parentage.

Topics covered include:

Family Law

Agenda:

Introduction and Overview

Introductory Hypothetical
Overview of Presentation

Background of Topic

Who is a De Facto Parent?
Different Approaches to De Facto Parentage (ALI, UNCVA, UPA, Restatement)

Case Studies: State Approaches to De Facto Parentage

Establishing Standing

Evidentiary Standard (UPA and its Interpretations)
Rebuttable Presumptions Against Standing (Case Study: Massachusetts)

The Rights of De Facto Parents
The Responsibilities of De Facto Parents

Case Study: Child Support (North Carolina vs. Colorado)

Recommended Procedural Steps for Adjudicating De Facto Parentage

The Standing Stage

Evidentiary Standard
Rebuttable Presumptions Against Standing

The Adjudication Stage

Adjudicating the Merits of the De Facto Parentage Claim

Burden of Proof
Factors Considered
Fit Parent Presumption

Determining Custodial Rights and Responsibilities
Application of the Best Interests of the Child Standard
Allocating Responsibilities of De Facto Parents

Duration of this webinar: 60 minutes

Originally broadcast: September 2, 2026 10:00 AM PT

Recording Available Soon

Speaker

Stephanie Tang Associate Professor of Law
Baylor Law School

Professor Stephanie L. Tang is an Associate Professor of Law at Baylor Law School. Professor Tang teaches Family Law, Advanced Family Law, Children and the Law, and LARC 3: Persuasive Communication. Professor Tang is also the Director of the Baylor Law Family Law Clinic. Read More ›

Continuing Legal Education (CLE) Credits

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Alaska CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

California CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

Hawaii CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

Illinois CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

New Jersey CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.20 General

North Carolina CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Ohio CLE

Status: Approved

Format: On-Demand

Credits: 1.00 General

Pennsylvania CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 Substantive Law, Practice, and Procedure

Vermont CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.00 General

This presentation is approved for one hour of General CLE credit in Alaska, one hour of General CLE credit in California, one hour of General CLE credit in Hawaii, one hour of General CLE credit in Illinois, one hour of General CLE credit in North Carolina, one hour of General CLE credit in Ohio, one hour of Substantive Law, Practice, and Procedure CLE credit in Pennsylvania, and one hour of General CLE credit in Vermont. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit.

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