Can the Dependency Court Deny Me Reunification Services?
Can the Dependency Court Deny Me Reunification Services?
Reunification services must be denied if the court finds, by clear and convincing evidence, and one of the 15 different statutory exceptions to the provision of services. These include: (1) the whereabouts of the parent or guardian is unknown. (2) The parent or guardian is suffering from a mental disability that renders them incapable of utilizing those services. (3) The child or a sibling of the child has been previously…
Read MoreProperty Division In A Divorce Determined By Classification As Separate Or Community Property
As a couple goes through a divorce in Ventura, division of property often becomes a very contentious issue. Division of property of the couple is determined by an agreement by the parties, or through litigation, at which a judge will decide how to divide the property. How property is divided, whether its divided by agreement of the parties, or by the court, is often determined by how the property is…
Read MoreIf the Dependency Court Wants to Deny Reunification Services What Can I Do?
If the social services department is recommending that services not be provided to you, you can give notice to the court that you want a hearing on the matter. You then have the right to present evidence to show that the services should be provided. You can questions witnesses, experts, anyone who would support your case that reunification services should be provided. After the court hears the evidence the court…
Read MoreWill I have visitation with my children while I am in prison?
Whether you will be able to have your children visit you when you are in custody will depend upon many factors. The court will have to decide whether it is in the “best interest” of the children to visit you in prison. Some of the factors the court will consider will include l. The age of your children. If your children are teenagers, and they express an interest in visiting…
Read MoreCan A Restraining Order Be Issued Against Me To Stay Away From Someone Who Is Eighteen Years Old, If That Person Does Not Want The Order?
When you separate or divorce, you need to decide who will have custody of your children and how they will be taken care of. You also need to decide on visitation, which means how each parent will spend time with the children. Parents typically either agree among themselves, or have a court issue an order on custody and visitation. When a there is a court order in place, the parites…
Read MoreI was told by My Ex Girlfriend that I was the father.
Generally, this only comes up after the mother has decided she no longer wants the child’s presumed father in her and the child’s life. Without regard to how the child and presumed father may have bonded, the mother seeks to remove the presumed father by requesting a DNA test. Under the Uniform Parentage Act (Fam. C. §7600 et seq.) paternity is rebuttably presumed in favor of a man who meets…
Read MoreWhat is the Role of Child Support Services in California?
The Department of Child Support Services in California, otherwise known as "DCSS", enforces the collection of child support and also aids in establishing paternity for a minor child. They do not represent any of the biological parents nor the minor child. Their mission is to enforce support orders for the benefit of minor children. If a parent receives assistance from the state/county financially, DCSS will automatically open a case to…
Read MoreWhat is the Duration of A Restraining Order?
The court can grant a domestic violence restraining order that lasts up to five years. If the restraining order expires and you feel that you still need protection you can ask the court to renew a restraining order, either for another five years or permanently, whether or not there has been any more violence or threats of violence. If there is a need for renewal, you should apply for the…
Read MoreI am Getting Divorced and I Make More Then My Spouse. Do I have to Pay Spousal Support?
We get several calls each week from spouses wondering if they will have to pay spousal support. They also wonder how much spousal support they will have to pay and for how long. Each case is different and will be assessed individually by the courts. However, there is a general rule and/or principal that the Family Law Courts in California follow when determining how much Spousal support to award (if…
Read MoreChild Abuse Central Index (CACI). What is CACI – Part 2
In a previous blog, we gave you a basic introduction into the Child Abuse Central Index (CACI). We told you that individuals get added to the CACI after reports and/or investigations into child abuse or neglect are conducted. We told you that such reports list a finding as to each allegation as either “Unfounded”, “Inconclusive”, or “Substantiated.” We will now go over with you what each term means and which…
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