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What are 388 Motions? – Important Information About Modifications of Juvenile Court Judgments and Orders

August 17, 2022

What are 388 Motions? - Modification of Juvenile Court Judgments and Orders

What are 388 Motions? – Modification of Juvenile Court Judgments and Orders

388 motions are a way to modify or change juvenile court judgments and orders. 388 motions are filed when there is a change of circumstance or new evidence.

They are used to petition the court for a hearing to change, modify, or set aside any previous court order or terminate the court’s jurisdiction.

In this blog post, we will discuss what 388 motions are, how they are filed, and what happens in court.

What are 388 Motions?

388 motions are used to petition the court for a hearing to change, modify, or set aside any previous court order. The motion must be in writing and filed with the clerk of the Juvenile Dependency Court.

The party filing the 388 motion must serve notice of the motion on all parties to the case, including the child’s attorney and probation officer. A 388 motion must be set for hearing within 30 days of filing unless the court orders otherwise.

What is Juvenile Dependency Court?

Juvenile Dependency Court is a court that hears cases involving abused, neglected, or abandoned children. The goal of the court is to protect the child and provide for their safety, permanency, and well-being.

Who Has the Burden in 388 Hearings?

At the 388 hearing, the burden is on the person filing the 388 motion to show that there is a change of circumstance or new evidence that warrants a modification of the juvenile court order.

The court will deny the motion if the person filing the 388 motion does not meet this burden. If the person filing the 388 motion does meet this burden, the court may modify or set aside the juvenile court order. 

Why are 388 Hearings Important?

388 hearings are important opportunities for parties to request a change in the juvenile court order. It is important to consult with an attorney before filing a 388 motion to ensure that you meet the burden of proof required by the court.

388 hearings can be complex, and an attorney can help you navigate the process and present your case in court. 388 motions are just one of the many ways to modify a juvenile court order in California.

If you have questions about your specific case, it is best to consult with an attorney.

Who Represents the Parent at a 388 Hearing?

The parent has a right to be represented by an attorney at a 388 hearing.

What Happens if the Parent Does Not Appear for a 388 Hearing?

The court may proceed in their absence if the parent does not appear for a 388 hearing. The court may also continue the hearing to another date.

What Happens if the Parent Loses a 388 Hearing?

If the parent loses a 388 hearing, the juvenile court order will remain in effect.

388 hearings are an important opportunity for parents to request a change in the juvenile court order. Parents should consult with an attorney before filing a 388 motion to ensure they meet the burden of proof required by the court.

If you have questions about your specific case, it is best to consult with an attorney.

What Should I Do if I am Facing Allegations of Abuse or Neglect or an Open Juvenile Dependency Case?

If you are are facing allegations of abuse or neglect, or have an open dependency case, it is crucial to understand your rights in juvenile dependency cases.

You deserve to have a lawyer who will help you fight to get your children back. If you are dealing with a juvenile dependency case, DCFS case, or CPS case in Orange County, California, or Southern California, you need the juvenile dependency attorneys at ALL Trial Lawyers by your side.

Don’t risk calling the wrong lawyer.

We know how the juvenile court process in California works. We have handled hundreds of juvenile dependency cases in Orange CountySan Diego CountyLos Angeles CountySan Bernardino County,  and Riverside County.

We have an office located near you, and we’re ready to start working on your case.

Call us now to speak to a lawyer and for your free consultation. Call (866) 811-4255.

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