Visitation Rights in California Juvenile Dependency Cases

Even if you are fighting Child Protective Custody (CPS) to regain custody, you still possess child visitation rights. The only exception is when these rights have been specifically removed or restricted by the courts. Whether you want to maintain or regain visitation rights, a juvenile dependency lawyer can review your case and help you determine the best options for your unique situation.

Under Welfare & Institutions Code (WIC) 3100, the court is required to grant reasonable visitation rights to the parent. The only exception is if the court thinks that having visitation rights would be detrimental to the child’s interests or safety. However, the court can also give visitation rights to someone else who has an interest in the child’s general welfare.

While child visitation rights are your right in a California juvenile dependency case, they may also be limited by the courts for specific reasons. Under WIC 3100(b), the court can limit visitation to times when a third party can be present. Typically, this is someone appointed by the court.

Depending on the unique case, there may be other specific requirements as well. For example, if you are a victim of domestic violence and are residing in a domestic violence shelter, the court will specify a time and place for visitation in a way that protects the safety of everyone involved.

Besides supervised and unsupervised visitation, the court may also offer alternative means to get in touch. For example, they may allow an out-of-state parent to email or call the child. Whenever possible, they also encourage siblings to stay in contact with each other as well.

Over time, visitation orders can be adjusted by the court. If the parent has improved the home environment and made progress with reunification services, they may be able to regain visitation access. For more information, talk to your attorney about the best steps for getting your juvenile dependency visitation rights back. Your CPS lawyer can also walk you through how to file for visitation rights in California, so you can see your child again.

Sometimes, you’ll hear people talk about children getting to choose where they live or whether they have visitation. When it comes to juvenile dependency court cases in CA, this is a complete myth. Children don’t have a right to refuse visitation or choose where they live until they turn 18.

However, the child is allowed to voice their opinion about visitation and who they live with. The process of determining whether a child can express their opinion is generally handled by the child custody evaluator. If your county doesn’t use an evaluator, the child will generally be allowed to testify about their preferences once they turn 14.

If the courts have decided to limit your child visitation rights, there are a few things you can do to try to regain visitation with your child. It’s important to follow all court orders in the interim. Until the court has removed visitation restrictions, you are not legally allowed to see your child.

• Participate in reunification services: Visitation is limited until the child’s home life has changed. For example, the court may limit visitation while the parent is in drug rehab or while they are homeless. By participating in your reunification services, you can increase the likelihood of getting your visitation rights back.
• Talk to a lawyer: Navigating the juvenile dependency court can be challenging, so it’s a good idea to talk to a lawyer about all of your options.
• File a WIC 388 petition: If you have lost visitation, you can use a WIC 388 petition to get the court to change its original decision.

As a parent, you have child visitation rights in the state of California. If you have lost these rights, your attorney can help you figure out the next steps you should take. To learn more, reach out to our team today.