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WHAT DOES IT TAKE TO FILE A MOTION 388?

Newport Beach, CA |

MY REUNIFICATION SERVICES HAVE BEEN TERMINATED BUT NOT MY PARENTAL RIGHTS. MY SON HAS BEEN PLACED WITH HIS FATHER WHICH I DO NOT HAVE A PROBLEM WITH BUT MY DAUGHTER IS 9 YRS OLD AND I AM WORRIED ABOUT HER BEING ADOPTED OUT. I NEED TO KNOW WHAT IT WILL TAKE TO WIN THE MOTION 388

how likely is it that the judge would deny the motion if i do file it?

Attorney Answers 1

Posted

You will need to talk to the attorney on your Dependency case. An attorney on this site cannot give you an answer to a question like this. An attorney would have to read all the reports from your CPS - Dependency case and then ask you a bunch of questions to help you draft a 388 motion to modify a court order.

You need a change of circumstance and to show it is in the best interest of the child to change a court order.

Your services have been terminated and the child is with her father - unless he gives up his paretnal rights - why are you even thinking about adoption? That doesn;t happen unless there is no parent to reunify. In your case, the father has reunified.

Talk to your attorney or hire a new one who handles Dependency cases.

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Posted

NO...NO... MY SON IS WITH HIS FATHER... THAT I AM FINE WITH. BUT MY DAUGHTER GETS LEFT IN THE WIND. I NEED HER TO BE OK. SHE IS IN FOSTER CARE AT THIS TIME

Evelyn Ann Cox

Evelyn Ann Cox

Posted

Avvo EmailOH - I see - I read too fast. You still need to talk to your attorney about what you'll need to do to succeed on a 388 motion. If its not too late, you need to find a family member who can take her ASAP. ----- Original Message -----

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