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Do You Want to File a 388 Petition for Modification in Juvenile Dependency Court HOW TO File a 388 Petition to change custody and visitation orders in a juvenile dependency case. WHEN TO USE You want to change a court order in a juvenile dependency court case new or old. You are the parent of the child the dependent child of the juvenile court with a guardian or other person having an interest in the child. Circumstances have changed since the last order was made or there is new evidence you...
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a person can file a 388 petition at any time they want to change a prior court order for example a parent can follow 388 petition if a parent wants to modify the reunification plan a visitation order or a placement order a relative can also file a 388 petition if they want to get placement or visitation with a child who is placed in foster care in order to prevail on a 388 petition you will need to demonstrate to the court two things the first is that there has been a change in circumstances since the time the order you're trying to change and that what you're asking for promotes the child's best interest a person can file an application for a de facto parent status request if that person has played a day to day parental role for a child that has been placed in foster care to start a de facto parent status request you will need to fill out judicial council forms JV 295 and JB 296 if you are granted de facto parent status you will be given the opportunity to appear at the hearings and address the court relating to any concerns issues and information you may have about a child in foster care