Southern California Family Law Blog

If a social worker decides to remove a child from a home, they must show the court that the child falls within the court’s jurisdiction to make orders on behalf of the child’s release or detention. The social worker must also show the following pursuant to Welfare and Institutions Code Section 319 and California Rules of Court 5.676, 5.678:

  1. Continuance in the parent’s custody is contrary to the child’s welfare; and any of the following:
    • There is substantial danger to the child’s physical health or emotional health and no other means to protect the child then with removal from the home;
    • There is substantial evidence that the parent is likely to flee with the child;
    • The child left a previous court-ordered placement;
    • The child is unwilling to return to the home and had been physically or sexually abused by someone living in the home.

If your child or children are removed from your home by Social Services, do not hesitate to contact our experienced Southern California dependency attorneys at Wallin & Klarich as they can help you immediately through the complex legal process in dependency courts. Our San Bernardino dependency attorneys have many years of experience and will work towards the best possible outcome of your representation. Call us at 1-888-749-7428.

Child Custody Disputes in Family Law Matters and the Relevance of an Expert Evaluator: Evidence Code Section 730

Evidence Code Section 730 states: “When it appears to the court, at any time before or during the trial of an action, that expert evidence is or may be required by the court or by any party to the action, the court on its own motion or on motion of any party may appoint one or more experts to investigate, to render a report as may be ordered by the court, and to teContinue Reading.......

5 Things You Must do to Prepare for a Custody Dispute: Part 5

In other posts, we discussed the first, second, third, and fourth tips that you should follow when preparing to work with a lawyer for your child custody and/or visitation issue in court. Let’s go on to the fifth and final tip.

Fifth

Remember that the vast majority of family law lawyers charge an hourly rate. The more work they do, the more you will end up having t… Continue Reading.......

Five Things You Must do to Prepare for a Custody Dispute: Part 4

In other posts, we discussed the first, second, and third tips that you should follow when preparing to work with a lawyer for your child custody and/or visitation issue in court. Let’s go on to the fourth tip.

Fourth

Have a plan. If you want more time with your child, make sure you think about how much more time, and when you propose to have that extra time. Saturd… Continue Reading.......

5 Things You Must do to Prepare for a Custody Dispute: Part 3

In other posts, we discussed the first and second tips that you should follow when preparing to work with a lawyer for your child custody and/or visitation issue in court. Let’s go on to the third tip.

Third

Write down everything you want to say. It is not enough to just say it—you need to write it. Make sure your statement is well organized by dividing it into sect… Continue Reading.......