Fontana, CA asked in Child Custody, Child Support and Family Law for California

Q: Hi can cps deny me my visitation with my daughter that by court I already have been assign to once a week

The reason is that caregiver ( my sister) we had a small dispute regarding family matters over text and I mentioned to her since my next court day is coming and since they took my child from her mom doing drugs not me ok I was already out the house 6 months prior to this but I was still seeing my daughter neway since my first visit was at the office after that for the past 6 months or so I've been going to my sister's house for my visits cause that's wat she asked cause of the distance so I mentioned to her I was thinking about having some visits at there officeso that they have some type. Report about how imhandling my daughter on my time so she said yea I think you should but she went next day and told our worker that when I never told her too so now the worker stopped my visitations seing my daughter causehe needs to file paper work before I start my visits there sous that even legal to do that we are going on 3 week and I haven't heard anything regarding my daughter

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: In California, Child Protective Services (CPS) cannot deny a parent's visitation rights without a court order, except in cases where there is a risk of harm to the child during the visitation. If you have a court-ordered visitation schedule with your daughter, CPS must follow that order unless there is a new court order changing the visitation schedule or the agency has obtained an emergency order from the court based on concerns for the child's safety.

It is not clear from the information you provided why CPS has stopped your visitations with your daughter. If there is a dispute between you and your sister, it is possible that she may have made a report to CPS about your ability to care for your daughter during visitation or that there are concerns about your ability to provide a safe and stable environment for your daughter during visitation.

If you are unsure why your visitation has been stopped or have not received any communication from CPS regarding your daughter, you should contact your assigned CPS worker to ask for clarification and to discuss what steps you can take to regain your visitation rights. If you feel that your rights as a parent are being violated, you may want to consider contacting a family law attorney to discuss your options.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.