Legal Question in Family Law in California
child custody
I have two children- one from a previous marriage. Due to a short break up with my current husband and the resulting restraining orders we had against each other, DCFS became involved.
My 9 yr old (fr. prev. marriage) was placed with her natural father and my 5 yr. old with a family member. My ex-husband and I have a standing 50 - 50 custody order that has been in effect since 2000. Does the fact that I became involved with DCFS nullify and void our previous custody order? Is he automatically given 100% custody and I will have to petition Family court to regain any percentage of time? After 12 months of jumping through every hoop set for us, DCFS is preparing to close our case and return my 5 yr. old to her father and I. Would they terminate my custody with one child and not the other? (Keep in mind - kids were removed b/c restraining orders, not abuse to them). Please help. I am so upset - thought I was almost through with this, both kids want to come home and we all just want to put this behind us.
Thank you in advance for help.
1 Answer from Attorneys
Re: child custody
Your right to custody of your children cannot be terminated (permanently) unless your parental rights are terminated. Usually, if your parental rights to one child are terminated, then they are terminated as to other children. So, it sounds like your rights to custody will not be permanently terminated. The juvenile court judge does have the authority to modify the superior court order regarding custody. The juvenile court order should state whether it is continuing to maintain jurisdiction over custody issues or is returning jurisdiction to the superior court. So, the custody order made by the juvenile court will probably remain the custody order until it is modified.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
