Legal Question in Family Law in California

I am a mother of a two year old. I was custodial parent until the father maliciously used an altercation and a jealous neighbor to call cps and a dcfs case was open. they wrongfully took my son from my mothers care. i was incarcerated at the time do to this altercation. long story short dcfs used childrens court to take my custody and give it to the father. after 12 months they are planning to close the case feb 21 2013. i have been 100 compliant with the case,and has taken me a little longer to complete some of ther services that i have completed. and now the appointed attorney told me all that i was doing was too late in doing. he said i still have my parental rights where i can see my son 2 hours weekly. if i wanted more time after the case closes then i can go to family court and ask for more visitation. i have two months till the next court date. is there any way i can get custody of my son through childrens court while the dcfs case is still open? the attorney and dcfs has never been any help to me. they never advise me of my rights. or give me the name of forms to appeal or fight this case. i dont understand how they can get away with wrongful conduct and taking away my custody and my son for a whole year and more. they have caused me grievance for wrongful removal of son and continual removal of my son. what can i do to get back my custody before they try to close my case in february 21 2013

Asked on 12/20/12, 3:37 pm

1 Answer from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

You did what you did and it was apparently a crime. Then you did not do what you were supposed to do when you were supposed to do it. I'm missing what wrongful conduct occurred or why you think you have any right to do anything other than what they say - file a motion in family court once the dcfs case is closed.

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Answered on 12/20/12, 4:35 pm

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