California Law Allows Parents To Visit With Their Child Before The Detention Hearing! Vincent W. Davis, CA Trial Lawyer
Law Offices Of Vincent W. Davis & Associates
150 N Santa Anita Ave, Ste 200
Arcadia, CA 91006
(888) 888-6582
Your child has just been taken from you and it might be three or four days before you get to court at the initial detention hearing, and the social worker won't let you visit your child. My name is attorney Vincent Davis and I'm an expert in CPS cases here in the state of California. Come with me and I'll give you an explanation of what you can do if this happens to you.
Under California law, if your child is detained by a social worker and placed in a foster home or even a relative home, the law says that you have the right to at least one visit before the detention hearing, and that the social worker must arrange this visit for you.
I got a call the other day and it was on Friday, and the child had been taken away from the parent earlier that morning based upon some allegations of domestic violence and drug use. The social worker allegedly told the parent that you can't see your child until Wednesday after the court, after the judge has decided what type of visitation you're going to have, the frequency, and the duration.
Well, that's simply not correct. California law gives you the opportunity to see the child at least one time before that court hearing. Now, it may be under circumstances as a monitored or supervised visit. It may be a visit for at least an hour or two. But, if the social worker says to you, you can't visit your child, tell that social worker that California law allows you to see the child at least once and that you demand visitation with the child.
I would do this in an email or a text to the social worker so that you have proof that this request was made. If this child is not made available to you for that visitation, you may have a civil rights case against that social worker or some type of lawsuit to enforce your rights or to be compensated for the social worker violating your statutory rights to visitation.
I know you might be listening to this because you have your own case and you have your own questions with a CPS somewhere in the state of California. Give me a call. I answer questions like these every day and I look forward to speaking to you. That's all for this video. Enjoy the rest of the day.
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Law Offices Of Vincent W. Davis & Associates
150 N Santa Anita Ave, Ste 200
Arcadia, CA 91006
(888) 888-6582
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