§ 15-8.1-502. Complaint.
(a) An individual seeking to be adjudicated a de facto parent of a child shall file a complaint with the family court before the child reaches eighteen (18) years of age. Both the individual seeking to be adjudicated a de facto parent and the child must be alive at the time of the filing. The complaint shall include a verified affidavit alleging facts to support the existence of a de facto parent relationship with the child. The complaint and affidavit shall be served on all parents and legal guardians of the child and any other party to the proceeding.
(b) An adverse party, parent, or legal guardian may file a pleading and verified affidavit in response to the petition that shall be served on all parties to the proceeding.
(c) The court shall determine on the basis of the pleadings and affidavits whether the person seeking to be adjudicated a de facto parent has presented prima facie evidence of the criteria for de facto parentage as provided in § 15-8.1-501(a) and, therefore, has standing to proceed with a parentage action. The court, in its sole discretion, may hold a hearing to determine disputed facts that are necessary and material to the issue of standing.
(d) The court may enter an interim order concerning contact between the child and an individual with standing seeking adjudication under this chapter as a de facto parent of the child.
History of Section.
P.L. 2020, ch. 59, § 2; P.L. 2020, ch. 60, § 2.