Legal Question in Family Law in California

Child custody & DCFS

I am embroiled with DCFS. My 9 year old is currently under their jurisdiction and resides with her biological father. We divorced in 2001 and have a custody order from Superior court granting 50-50 custody with primary physical custody with me (mother).

Question: DCFS is readying to terminate jurisdiction and has written an advisment to me giving sole physical and legal custody to her father. Her step father and I are in total compliance and have our 5 year old returning to us shortly. Does DCFS order superceed any and all standing custody orders? Originally they told me she would be returning to me - unless I made some major mistakes. I have not made even one. So why are they not allowing us to return to our previous order? Now I have to go to family court to have any custody above a few hours visitation? Please help.


Asked on 6/27/08, 2:08 pm

1 Answer from Attorneys
Robert Mccoy Law Office Of Robert McCoy

Re: Child custody & DCFS

You want DCFS to terminate its jurisdiction. The last order made, whether in Juvenile Court or Superior Court is the current order. So long as your parental rights are not terminated, once DCFS' jurisdiction is terminated, you can seek modification of custody at any time.

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Answered on 7/01/08, 4:25 pm


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