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How to Get Visitation After CPS Removal in a Juvenile Dependency Case

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How to Get Visitation After CPS Removal in a Juvenile Dependency Case

Summary: This page covers How to Get Visitation After CPS Removal in California, How Long Does It Take to Get Your Child Back From CPS?, Learn More ABout Getting Visitation After CPS Removal.

Once Child Protective Services (CPS) removes a child from their home, it is up to the juvenile dependency court whether the parent is given visitation rights or not. The court must use the evidence available to determine if visitation is in the best interests of the child.

Even if the court removes visitation in the present, this doesn’t mean that it will be gone forever. By consulting with a juvenile dependency lawyer in Orange County, you can learn how to get visitation after CPS removal.

How to Get Visitation After CPS Removal in California

After CPS begins their investigation, you will have to go to a court hearing that is known as a detention hearing. It must be held by the end of the day after the CPS petition is filed. During the hearing, the judge will determine whether your child is able to go home right away or not.

If the judge determines that the child isn’t safe to return to their home, the next step is figuring out visitation rights. The judge will consider if being around the parent is in the best interests of the child. Then, they will also decide if visitation will be supervised or unsupervised.

In some cases, the judge will decide that the child’s safety outweighs the benefits of seeing the parent. However, there are things parents can do to regain visitation. By learning more about how to file for visitation rights in California and fighting CPS, you can regain the right to see your child again. The right approach will depend on your unique situation and where you are at in your case.

Reinstate Parental Rights

After the emergency removal of a child, the court may eventually decide to terminate parental rights. Normally, the court decides to terminate parental rights if the child has been in foster care for at least 15 of the last 22 months under rule 5.820. Similarly, parental rights can be terminated if the child has been abandoned by the parent.

Through Welfare and Institutions Code (WIC) 388, the child can petition the court to have your parental rights reinstated. This can only happen if the child has not been adopted. Additionally, it is up to the child or their attorney to file this petition.

Go to the Disposition Hearing

After the detention hearing, you will have a jurisdiction and disposition hearing. The jurisdiction hearing is where the judge decides if the allegations are true. In the disposition hearing, the judge will also decide if you get visitation or not. Because of this, it’s important to go to every hearing and show that you are committed to your child and the outcome of the case. Your lawyer will also compile evidence and work to demonstrate the strength of your case. If your argument is effective, the judge may decide to grant visitation.

Ask for Visitation in a Review Hearing

After the disposition hearing is held, the court will decide on when future review hearings can take place. Before review hearings, you can file supplemental declarations that inform the court about changes to your situation. If the situation has improved, the judge may change the original court order and allow you to have visitation.

How Long Does It Take to Get Your Child Back From CPS?

Navigating CPS guidelines after a child removal in California can be a stressful, confusing experience. In many cases, parents are able to get their children back in 6 to 18 months. The court has an obligation to ensure the welfare of the child, which is why each case must go through a specific procedure.

Learn More ABout Getting Visitation After CPS Removal

If you’re struggling with visitation after CPS removal, you’re not alone. Many CPS cases involve changes to visitation and custody. With the help of our skilled attorneys, you can learn more about what types of steps are required in order to get visitation rights again.

For more information about how our CPS lawyers can help, give us a call today.

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We provide immediate crisis command by reviewing the allegations against you and intervening with law enforcement to prevent further exposure. From the moment you retain the Firm, we act as your shield, managing all communications and executing a decisive strategy to protect your liberty and reputation.

We prioritize discretion and exposure management. We understand that a public allegation can be as damaging as a conviction; therefore, our strategy focuses on minimizing the visibility of your case while challenging the prosecution’s narrative to preserve your standing in the community.

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