Question about a Minute Order, Juvenile Dependency Court

[tristansmommy]

What is the name of your state (only U.S. law)? California

Hi, I'm currently living in Los Angeles and involved in a DCFS case. My son lives with my in-laws, his paternal grandparents, and my husband and I are separated. We've both been doing our programs and complying with our case plans, and yesterday, at a contested hearing, the judge granted us both overnight visits over the objection of DCFS.

When I spoke to my social worker, she seemed pretty angry, and told me she is only giving me 1 overnight per week, until she reads the minute order and determines if she has to give me more time. My attorney sent me the minute order already and this is exactly what it says:

Unmonitored visits for FATHER FOR OVERNIGHT IN THE CARETAKER'S HOME, MOTHER FOR OVERNIGHTS IN THE HOME OF THE MATERNAL GRANDMOTHER'S HOME. ORDER IS OVER DCFS OBJECTION.

Then underneath it says DCFS shall have discretion to MOTHER AND FATHER to liberalize visitation. (I put the parts in caps that were in caps in the minute order, I hope that's ok.)

So, I basically want to know if the social worker is allowed to limit my visits to only one overnight per week. My lawyer said no, since it's plural for me ("overnights") but I'm not sure, and he hasn't gotten back to me. This particular worker has been on the side of the paternal grandparents since day 1, and so I just want to make sure she's following the judge's orders, but I won't know if she's following them until I can interpret exactly what they mean! Thanks for any help, it is greatly appreciated.

 

[Zigner]

What is the name of your state (only U.S. law)? California

Hi, I'm currently living in Los Angeles and involved in a DCFS case. My son lives with my in-laws, his paternal grandparents, and my husband and I are separated. We've both been doing our programs and complying with our case plans, and yesterday, at a contested hearing, the judge granted us both overnight visits over the objection of DCFS.

When I spoke to my social worker, she seemed pretty angry, and told me she is only giving me 1 overnight per week, until she reads the minute order and determines if she has to give me more time. My attorney sent me the minute order already and this is exactly what it says:

Unmonitored visits for FATHER FOR OVERNIGHT IN THE CARETAKER'S HOME, MOTHER FOR OVERNIGHTS IN THE HOME OF THE MATERNAL GRANDMOTHER'S HOME. ORDER IS OVER DCFS OBJECTION.

Then underneath it says DCFS shall have discretion to MOTHER AND FATHER to liberalize visitation. (I put the parts in caps that were in caps in the minute order, I hope that's ok.)

So, I basically want to know if the social worker is allowed to limit my visits to only one overnight per week. My lawyer said no, since it's plural for me ("overnights") but I'm not sure, and he hasn't gotten back to me. This particular worker has been on the side of the paternal grandparents since day 1, and so I just want to make sure she's following the judge's orders, but I won't know if she's following them until I can interpret exactly what they mean! Thanks for any help, it is greatly appreciated.

Listen to your attorney as he is the one that knows all the facts.

With that said, I don't think the pluralization of the word "overnights" means that you have to be given more than one per week.

 

[tristansmommy]

Ok, yeah that's sort of how I figured, about the plural thing. I just wonder who gets to decide the specifics? Since DCFS objected to the visits anyways, it seems weird that they get to limit them to 1 night. Normally they specify overnights/weekends, and give two or three nights per week, or at least that's what most of the other mothers I've met have told me. Especially since he's a baby, so he doesn't have a school schedule. I guess I'll just have to wait and see how things turn out.

 

[LdiJ]

Ok, yeah that's sort of how I figured, about the plural thing. I just wonder who gets to decide the specifics? Since DCFS objected to the visits anyways, it seems weird that they get to limit them to 1 night. Normally they specify overnights/weekends, and give two or three nights per week, or at least that's what most of the other mothers I've met have told me. Especially since he's a baby, so he doesn't have a school schedule. I guess I'll just have to wait and see how things turn out.

Both you and dad get visits, so its unlikely that its going to be more than one or two a week.

 

[tristansmommy]

Thank you!

Both you and dad get visits, so its unlikely that its going to be more than one or two a week.

Oh, ok. I knew we might be more limited since we were sharing the time, but I thought we'd get two nights apiece since he's not in school yet. I thought perhaps that's why the judge didn't specify overnights/weekends, since we aren't restricted to Friday and Saturday nights as the only options. Thanks for your help!

I also have a question about the best time to file for divorce, in relation to dependency court orders. But I think I have to start a new thread and post it elsewhere, right? I'll go re-read the guidelines.

 

[torimac]

You should keep all your questions in the same thread. Sometimes the history is important. Having it all in the same thread means no one has to chase down the history.

 

[tristansmommy]

You should keep all your questions in the same thread. Sometimes the history is important. Having it all in the same thread means no one has to chase down the history.

Ok, thank you so much. I just re-read guidelines and saw that it said not to double-post, so I was about to ask that, actually- I wasn't sure, since I have a separate question, but on a related issue, if I was supposed to start another thread. Thanks for letting me know!

 

[tristansmommy]

Too detailed, actually..