My 388 hearing was denied. The lawyer I had hired had filed the 388 papers the day before court. What do I do?
Asked in Los Angeles, CA on July 22, 2026 Last answered on July 24, 2026When I hired this lawyer, I was told that they’d get me reunification again and that I’d get my son back, but nothing happened. Very unprofessional. Filled 388 paperwork the day before court. And now I got my rights terminated. They appealed it, and that’s where I’m at. What do I do? I need my son back. I did everything that was in the case plan.
1 answer
Because your parental rights have already been terminated and an appeal has been filed, you should immediately consult an experienced California juvenile-dependency appellate attorney and not rely solely on the lawyer who handled the trial. Ask appellate counsel to review whether the court improperly denied the Welfare and Institutions Code section 388 petition, whether the late filing prejudiced you, and whether the record shows a genuine change of circumstances and that renewed reunification would have served your child’s best interests. Section 388 rulings and termination orders may be reviewed on appeal, but dependency appeals move under expedited deadlines.
Completing the case plan is important, but it does not automatically require the court to restart reunification once services have ended; the child’s stability and best interests become the primary considerations. Obtain the complete court file, transcripts, case plan, proof of completion, visitation records, and all communications with your former attorney. A possible malpractice claim against that attorney is separate from the appeal and, by itself, will not restore parental rights. Do not delay, because overturning a termination order becomes substantially more difficult once the adoption process advances.
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