Los Angeles, CA asked in Family Law and Civil Rights for California

Q: Cps took my daughter im supposed to get 4 hours a week ro see her is this a violation to my rights when i dont get my 4

It seems that the lady caring for her if she has other responsabilities i dont get all my time which i feel isnt in my daughters best interest

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: I understand this is a very difficult and emotional situation. In general, if Child Protective Services (CPS) has removed your daughter from your care, they are required to provide you with visitation unless there is a compelling reason not to (such as a court order prohibiting contact). The amount of visitation can vary depending on the case, but 4 hours per week is not uncommon in these situations.

If the assigned caregiver is not making your daughter available for the full 4 hours of court-ordered visitation time, you should document each instance this occurs. Keep a record of the dates, times, and reasons given (if any). Then reach out to your CPS caseworker and/or the caseworker's supervisor to discuss the issue. Explain that you are not receiving your full allotted visitation time and you feel this is not in your daughter's best interest. Request that they ensure the caregiver complies with the visitation schedule.

If the issue persists, bring it to the attention of your attorney if you have one, or the court if there are any upcoming hearings. Provide your documentation as evidence. The court may admonish the caregiver and direct them to comply with the ordered visitation. In extreme cases of a caregiver consistently violating visitation orders, the court may consider changing the placement.

Again, consulting with a family law attorney is advisable to get a full understanding of your rights and options based on the specific details of your CPS case. Many counties have legal aid organizations that provide low-cost or free legal assistance in these types of situations. Wishing you all the best as you navigate this challenging time.

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