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FAQ Page

Frequently Asked Questions

These are some common questions around Dependency and Family Law.  We compiled them here to share some helpful information.  We are not attorneys, so consult with an attorney for legal advice.

What is Dependency? 
Dependency is the section of law which deals with abused or neglected children under 18 years of age.

How long will a Dependency case take?
This is an important question with a lot of factors to consider.  If there is no abuse or neglect then the case may be over very quickly.  However, if a social worker believes abuse or neglect is involved (found during an investigation) the case may drag on for months or years.

What is a 388 Petition?
At some point in a case the court may no longer be interested in reunifying a child with his or her parents.  At that point the parent may file a 388 motion which describes a change in circumstances showing they are now a suitable parent for their child, and it is in the child's best interest for them to be reunified. 

How do I calculate child support payments?  What are the calculations for dependency?
If you want to find out expected child support payments you should speak with an attorney.  There are tools and on-line calculators though they may not be 100%, or take all of your specific issues into account. 

What is Child Advocacy?  What is a Child Advocate?
Court Advocacy is typically a person or organization working for children's rights.  This can include child care subsidies such as financial assistance, child care providers, and fighting for child health and safety issues.  If you want to know more about child advocacy speak with a Family Law attorney.  There are also many organization you can research online which give more information around child advocacy - definitions, and how you can help.

Do I need to hire a Lawyer for my Child Dependency Case?
Child dependency cases are extremely complex and difficult to work through.  Therefore it is highly recommended you seek legal counsel (an attorney) who specializes in this area of the law.

What is a De Facto Parent?
A person may make a request to be a De Facto parent if:
>They have been taking daily care of a child who is a dependent of the juvenile court.

If De Facto status is granted by the Juvenile Court the De Facto parent does have certain rights granted to them:
>They may attend dependency proceedings
>Present evidence and cross-examine witnesses
>They may participate in any of the dependeny hearings

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Disclaimer: Any information on this site is for informational use only, and is not a legal opinion. We are not a law firm. Nothing on this site is legal advice. Please contact an attorney if you need legal advice. The law is constantly changing so there is no guarantee the information on this site is accurate, complete, or up-to-date. If you decide to hire an attorney you should take information from numerous sources into account (and not just this web-site).

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