Custody and CPS Cases: Can I Still Get Visitation?

What Parents Need to Know About Visitation Rights During Child Welfare Investigations and Juvenile Court Proceedings in California

When Child Protective Services (CPS)—or as it’s called in California, Child Welfare Services (CWS)—becomes involved in your family’s life, one of the most immediate and heartbreaking concerns is: Can I still see my child?

Whether you’ve been accused of abuse or neglect, or your child has been removed from your custody temporarily, you may be left wondering what your rights are, what kind of visitation is allowed, and how you can maintain a relationship with your child during the investigation.

The good news is that in most cases, visitation is still possible—but it may be limited, supervised, or subject to court conditions. This blog explains how visitation works during CWS investigations and juvenile dependency proceedings in California, how to protect your access, and what steps you can take to restore full parenting time.

Visitation During a CWS Investigation

When a referral is made to CWS, and an investigation begins, there is no automatic restriction on your custody or visitation rights—unless CWS believes your child is in immediate danger.

If your child remains in your home during the investigation, your parenting time should remain the same unless a temporary safety plan is put in place. However, if your child is removed or placed with the other parent, a relative, or in foster care, visitation may be restricted or supervised pending further review.

During this time, CWS caseworkers often have wide discretion and may allow:

• Supervised visits at a county facility or neutral location

• Unsupervised visits if no immediate danger is present

• No visitation in extreme cases (e.g., ongoing threat or flight risk)

• Phone or video calls as a temporary measure

These are often short-term decisions until a judge can issue a formal order in juvenile dependency court.

Juvenile Dependency Court Takes Over Visitation Decisions

If the CWS investigation results in a formal petition under Welfare and Institutions Code §300, the case moves to juvenile court, where a judge—not CWS—makes all decisions about custody and visitation.

At the Detention Hearing (held within 48 hours of a child’s removal), the court will decide where the child will live and what level of visitation is appropriate for the parent or parents.

Judges typically favor frequent and continuing contact, even when a parent is being investigated—unless there is a specific reason to limit access.

Types of visitation ordered by the court may include:

1. Supervised Visitation

This is the most common form of visitation when a parent is under investigation. The visits occur in a secure setting—usually a CWS facility or with a professional monitor. Visits are scheduled and observed, and reports are provided to the court.

Supervised visitation is intended to protect the child while still allowing meaningful contact.

2. Monitored Exchange

In cases where only pick-up and drop-off are a concern (for example, due to parental conflict or restraining orders), the court may order that the child be exchanged in a monitored location, but the actual visit itself is not supervised.

3. Therapeutic Visitation

If the court believes that visits should be facilitated by a professional—such as in cases of trauma, alienation, or strained relationships—it may order therapeutic visitation supervised by a therapist or clinical provider.

4. Unsupervised Visitation

If the court determines that the parent poses no danger, but custody is not yet restored, it may allow unsupervised visits—sometimes including overnights, weekend time, or extended holiday visits.

Can Visitation Be Denied Altogether?

Yes, but it’s rare—and courts are hesitant to completely cut off contact unless absolutely necessary. Visitation may be denied temporarily if:

• The child expresses significant fear or trauma

• There is a credible threat to safety

• The parent is not cooperating with court orders

• The parent is incarcerated and visitation is not feasible

• The child is very young and caseworkers believe visits would disrupt stability

If visitation is denied, the court must make a clear finding that contact would be detrimental to the child, and this decision can be revisited at later hearings.

Do I Have a Right to Visitation If I’m the Non-Offending Parent?

Yes. If you are the non-offending parent (i.e., the allegations are against the other parent), you have a strong claim for full or at least partial custody under WIC §361.2. The court is required to consider placing the child with the non-offending parent before turning to foster care or relative placements.

Even if you don’t receive custody right away, the court will likely order visitation—often unsupervised—unless there are concerns about your ability to provide care or support reunification.

Non-offending parents should actively advocate for expanded parenting time and may file their own requests for modification through the dependency court.

What Factors Influence the Court’s Visitation Decisions?

Juvenile court visitation decisions are based on several key factors:

• The nature and seriousness of the allegations

• The parent’s criminal history or CPS history

• Willingness to cooperate with court-ordered services

• Substance use or mental health concerns

• The child’s expressed wishes (depending on age and maturity)

• The recommendation of the child’s attorney or social worker

• Any past history of visitation issues or abuse

It’s important to note that even substantiated allegations don’t permanently prevent visitation. The court’s goal is usually to preserve the parent-child bond while ensuring the child’s safety.

What If CWS Is Not Letting Me See My Child?

While CWS can recommend visitation levels, only a judge can officially deny you access. If you feel that a caseworker is overstepping or not following the court order, notify your attorney immediately.

You can also:

• File a motion to enforce or modify the visitation order

• Request a status hearing to review the caseworker’s conduct

• Ask for a change in visitation supervisor if the visits are not being facilitated properly

• Provide documentation showing your commitment to reunification or your child’s wellbeing

Parents who are proactive, consistent, and cooperative often regain greater access over time.

How to Make the Most of Supervised Visitation

If your current order requires supervised visits, use the time wisely. Supervised visits are your opportunity to demonstrate:

• Consistent attendance – Show up on time, every time.

• Positive parenting – Engage with your child lovingly and calmly.

• Preparedness – Bring books, snacks, homework, or games to make the visit meaningful.

• Respect for the process – Follow all rules without complaint.

• Progress over time – Take parenting classes, attend therapy, and comply with services outside of visits.

Supervised visitation is not a punishment—it’s a proving ground. The better you perform, the stronger your case will be for expanded access in future hearings.

Visitation and Reunification Plans

If your child has been removed, and the court finds that reunification is the goal, your visitation plan will be a part of the case plan designed to rebuild custody.

In most cases, reunification plans last 6–12 months, during which time you will:

• Participate in services (parenting classes, counseling, etc.)

• Attend all supervised visits

• Show evidence of stable housing, employment, and support

• Work with a social worker and attend regular court reviews

As you progress, the court may gradually increase your visitation, potentially leading to overnights, weekend visits, and eventually restoration of full custody.

Can Visitation Be Modified?

Yes. Visitation can be changed at any stage of the case, either by court order or by stipulation (agreement) between the parties, if the court approves. You or your attorney can request a modification if:

• You’ve completed recommended services

• Your visits have gone well for a consistent period

• The child is asking for more contact

• There are concerns about the current monitor or facility

• You believe the other parent is interfering with visitation

Judges want to see progress and good faith. Document everything, follow through with your responsibilities, and ask for more access when appropriate.

Final Thoughts

Being involved with CPS or juvenile court doesn’t mean you’ll lose contact with your child forever. In fact, California law recognizes the importance of maintaining the parent-child relationship throughout the child welfare process.

While your time may be restricted or supervised temporarily, you still have rights—and pathways to expand your parenting time and ultimately regain custody.

At Minella Law Group, we help parents throughout San Diego County navigate these complex situations, defend their rights in both family and juvenile court, and work toward stable, healthy reunification with their children.

Don’t Wait to Fight for Your Visitation Rights

Whether you’re facing supervised visits, a denial of contact, or a custody battle involving CWS, you need legal guidance to protect your time with your child. We understand how visitation decisions are made and how to help you regain meaningful parenting time—even in the most challenging cases.

📞 Call Minella Law Group today at 619-289-7948 to schedule a confidential consultation with one of our family law specialists. We’ll listen to your concerns, assess the situation, and create a clear strategy tailored to your goals.

📝 Prefer email? Fill out our online contact form and a member of our legal team will get in touch with you promptly.

You don’t have to navigate this alone—and your child doesn’t have to go without you.