Understanding the Roles of Dependency Court and Family Law Court in California Custody Cases
For many parents, the legal system is already intimidating—especially when child custody is at stake. But when Child Welfare Services (CWS) becomes involved and the case shifts into juvenile court, things can quickly become overwhelming and confusing. Suddenly, two different courts—family court and dependency court—may both seem to be making decisions about your child, and it’s not always clear which court has the final say.
This confusion is common and understandable. California’s legal system separates custody cases into two distinct systems: family court and juvenile dependency court (often referred to as “CWS court” or simply “juvenile court”). Each court has a different purpose, different laws, and different standards of proof.
This guide is designed to help parents understand how these two court systems differ, how they interact, and what to expect if your case becomes part of both.
What Is Family Court?
Family court is the branch of California’s Superior Court that handles private disputes between individuals. In the context of child custody, family court determines who has legal custody (the right to make important decisions about the child’s education, health, and welfare) and physical custody (who the child lives with and when).
Cases in family court often arise through:
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Petitions for custody by unmarried parents
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Modification requests for existing custody orders
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Domestic violence restraining orders
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Parentage (paternity) cases
Family court’s primary goal is to determine what custody and visitation arrangement is in the best interest of the child, under the California Family Code. Judges rely on evidence presented by the parties, input from Family Court Services (FCS) mediators, and sometimes psychological evaluations (such as a 730 evaluation). Parents in family court are assumed to have equal standing, unless evidence shows otherwise.
What Is Juvenile Dependency Court?
Juvenile dependency court—commonly referred to in this context as CWS court—handles cases where the government intervenes due to concerns about a child’s safety. These cases begin when CWS files a petition under Welfare and Institutions Code §300, alleging that a child has been abused, neglected, or is at risk of harm.
Unlike family court, where parents initiate the case, dependency cases are filed by the state through CWS. The court must then determine:
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Whether the child should be removed from the home
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Whether reunification services should be offered
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Whether the parent can regain custody after making changes
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Whether the child should be placed with a relative, the other parent, or in foster care
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In extreme cases, whether parental rights should be terminated
Dependency court judges operate under different legal standards and are focused primarily on child protection, not balancing the rights of both parents. If the court sustains the allegations, it has the power to make all decisions about the child’s placement and visitation.
Key Differences Between the Two Courts
Understanding how these courts differ is essential for navigating your case effectively.
1. Purpose and Goals
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Family Court: Resolves private disputes between parents. Focused on the child’s best interests and often aims to preserve joint custody or meaningful relationships with both parents.
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Dependency Court: Responds to reports of abuse or neglect. Focused on ensuring safety and protecting the child from future harm, even if that means limiting or terminating parental rights.
2. Who Initiates the Case
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Family Court: One parent files a petition for custody, divorce, or paternity.
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Dependency Court: The county (CWS) files a petition after investigating a referral of abuse or neglect.
3. Standard of Proof
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Family Court: Uses a preponderance of the evidence standard (more likely than not).
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Dependency Court: Initially uses a higher burden of “clear and convincing evidence” when removing a child from parental custody.
4. Role of CWS
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Family Court: May consider CWS reports, but CWS does not control the process.
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Dependency Court: CWS is the party bringing the case and has tremendous influence over placement, services, and reunification.
5. Legal Authority
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Family Court: Cannot overrule a dependency court order while a juvenile case is open.
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Dependency Court: Has exclusive jurisdiction once a WIC §300 petition is filed and accepted by the court.
What Happens When Both Courts Are Involved?
Sometimes, a family court custody dispute results in a CWS referral. If the referral is serious enough, and the investigation finds risk to the child, CWS may open a juvenile dependency case. When this happens, the family court loses jurisdiction, and all decisions about the child’s custody and placement are transferred to dependency court.
This doesn’t mean your family court order is thrown out, but it does mean it is suspended for the duration of the dependency case. Even if you had 50/50 custody before, the dependency judge may issue a completely different order—placing the child with the other parent, a relative, or in foster care, depending on the circumstances.
Family court may remain involved in background, especially if there are related issues like support, property division, or divorce proceedings. But for custody, dependency court takes over completely until the case is closed.
What Are Juvenile Court Exit Orders?
When the dependency court decides to close a case—either because the child has been returned to the parents or because further services are not warranted—it will issue exit orders. These are formal custody and visitation orders that become enforceable in family court once the juvenile case ends.
Exit orders are critical because they often serve as the foundation for future custody proceedings. For example, if a parent regains custody after a successful reunification, the court may order joint legal custody moving forward. Alternatively, if only one parent was found suitable, the court may grant that parent sole physical and legal custody with limited visitation to the other parent.
Once the case is closed, family court resumes jurisdiction and may modify the exit order, but only upon a showing of changed circumstances.
Can You Have a Family Law Attorney in Dependency Court?
Yes—and it’s highly recommended. Although dependency court appoints counsel for parents who cannot afford representation, many parents choose to hire a private attorney who can bridge the gap between dependency court and family court.
This is especially helpful in complex cases where:
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There is an ongoing custody or divorce case in family court
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One parent is falsely accused and needs to defend against removal
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The non-offending parent wants to obtain custody under WIC §361.2
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The parent is pursuing reunification services and needs strategic advocacy
An attorney who understands both court systems can help protect your long-term custody rights and make sure you’re not losing ground in family court while dependency proceedings unfold.
How to Navigate Both Courts Successfully
When your family is pulled into both family court and dependency court, it’s easy to feel powerless. But with the right strategy and legal representation, you can regain control and protect your child’s best interests.
Start by understanding the jurisdictional divide—when dependency court is active, family court cannot interfere with custody orders. Focus on what the dependency court is asking of you, whether it’s parenting classes, drug treatment, supervised visitation, or improved living conditions. Meeting those requirements shows the court that you’re committed to your child and capable of safe parenting.
At the same time, it’s important to preserve your family law rights. Keep a record of your compliance, gather letters of support, and make it clear that your goal is reunification—not just for the sake of dependency court, but to support your standing when the case eventually returns to family court.
Real-Life Example: From CWS to Family Court
Consider this scenario: A mother and father have joint custody through family court. The child’s school reports concerns about bruising, and CWS opens an investigation. The case escalates, and the child is removed from the father’s care due to concerns about physical abuse.
CWS files a WIC §300 petition, and the case enters dependency court. The judge places the child with the mother under WIC §361.2. The family court custody order is suspended. Over several months, the father completes parenting classes and participates in supervised visitation. The court ultimately determines that the child can safely return to both parents, and it issues an exit order for joint custody.
When the case returns to family court, that exit order serves as the new foundation. If either parent wants to change it later, they must show that circumstances have meaningfully changed since the juvenile case closed.
Final Thoughts
Family court and dependency court may both deal with custody—but they are very different systems with different rules, purposes, and timelines. If you are involved in both, it’s essential to understand how they interact and what your rights are in each.
At Minella Law Group, we specialize in helping families navigate complex legal terrain. Whether you’re trying to regain custody, protect your child, or understand how exit orders impact your family court case, we are here to support you with compassion and skill.
Contact Minella Law Group Today
If you’re caught between CWS and family court, you need a legal team that understands both systems—and how to protect your parental rights within them. We can help you navigate the overlap between juvenile and family court, advocate for your child’s safety, and position your case for the best long-term outcome.
📞 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.
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Let’s work together to protect your child and your custody rights—today and into the future.
