Petition to Modify Reunification Orders Under Welfare and Institutions Code Section 388

At the Law Office of David P Schwarz we have experienced numerous cases in which we have filed a petitions to modify Orange County juvenile court orders under welfare and institutions code section 388. Please contact our office at 949 735 9266 or via the web. We can also be reached via dpslaw66@gmail.com.

Any parent or other person having an interest in a child who is a dependent child of the juvenile court or a nonminor dependent can petition the court to change, modify or set aside an order made by the juvenile court. They can also petition to terminate jurisdiction of the juvenile court.

The Juvenile dependency attorney will argue that the grounds to petition the court are a change in circumstance or they have found new evidence the court has not evaluated before.

A child can petition the court under section 388 as well without the assistance of the parent under certain situations.

The Orange County Juvenile Court must use the standard of clear and convincing evidence to evaluate whether there will be a modification of the order for reunification services. In addition they must use the same standard when they attempt to modify an order for custody and visitation made by the juvenile court

A Juvenile dependency lawyer will also argue on behalf of a sibling who attempts to petition the court for visitation under section 388. The sibling may have brought abilities through the juvenile courts perspective to request visitation with the dependent child and or placement with or near the dependent child.

At the Law Office of David Schwarz when a sibling is attempting to petition the court for visitation we will argue that the court must consider what is in the best interest of the siblings when ordering visitation and custody orders.

The petition to modify custody or visitation can also be use dto change a custody order by the dependent child of the juvenile court. They can request that they receive visits to a sibling who is not a dependent child of the court.

Before making the order visitation or modify an existing order the Juvenile Court must determine that there is not issue of safety and well-being of any of the siblings.

A juvenile dependency attorney can petition the court for an appointment of a guardian ad litem if need be to request sibling visitation. The court may appoint a guardian ad litem to file the petition for a dependent child.

Conversely a parent may petition the court to terminate reunification services that are in place if there are certain valid reasons to do so. Usually this will occur if the parents do not follow the case plan and it can be shown that the parents inaction justifies termination of the reunification services.

At the Law Office of David P Schwarz we aggressively argue for the rights our clients in Orange County juvenile dependency court. We have successfully fought for many petitions to modify existing juvenile court orders. Please contact our office at 949 735 9266 or via the web. We can also be reached via email at dpslaw66@gmail.com

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