How to survive family court and dependency court.
The hearings come fast, the deadlines are federal and the reports are written by the other side. Here’s what each hearing decides, how to prepare and how to get a lawyer, in plain language.
Family court settles disputes between parents. Dependency court is the government against a parent after a CPS removal. In dependency court the first hearing comes within days, reviews happen at least every six months, and federal law pushes toward a permanent plan within 12 months. Ask for a lawyer at the very first hearing, keep a dated record of everything you do, and read every agency report before court.
Written for parents in every state. This guide covers federal law and how the process works nationwide. Where we give a state’s rule or deadline, it’s labeled as an example — your state’s may be different. Ask your lawyer or the court clerk for your local rules, and track your own deadlines in a free FAN case file.
Family court or dependency court: which one are you in?
Family court is usually two parents disagreeing about divorce, custody, parenting time or support. Dependency court is the government bringing a case against a parent after a CPS report or removal. The rules, the deadlines and the stakes are different.
Some parents end up in both at once. Knowing which courtroom you’re standing in tells you who your opponent is, whether you get a free lawyer and how much time you have.
Dependency court goes by different names. Maryland calls it CINA, for “child in need of assistance” (Maryland Judiciary). Other places say juvenile court, abuse and neglect court, or simply “CPS court” or “DCS court.” The federal deadlines below apply no matter what your state calls it (Social Security Act §475).
| Family court | Dependency court | |
|---|---|---|
| Who brings the case | One parent against the other | The state (CPS, DCS, DFCS) against one or both parents |
| What it decides | Divorce, custody, parenting time, child support | Whether a child was abused or neglected, where the child lives, what the parent must do to reunify |
| Free lawyer? | Usually no automatic right to one | Most states appoint one for parents who can’t afford a lawyer (NCCRC) |
| How many go without a lawyer | 72% of cases had at least one self-represented side (FJI) | Fewer, because most states appoint counsel |
| Deadlines | Set by state law and local court rules | Federal clocks: reviews every 6 months, permanency hearing within 12 months (SSA §475) |
| Worst case | Losing custody or parenting time | Termination of parental rights, which is permanent |
General information. Names, procedures and rights vary by state.
Not sure which case you have? Look at the first page of the paperwork. If the state or a child-welfare agency is a party, you’re in dependency court. Read our guide to parents’ rights in a CPS case next.
The stages of a dependency case, and the federal clock.
Every state runs its own version, but federal law sets the outer deadlines and the stages are the same everywhere. The timing below is typical; where we name a state, it’s an example, not a rule for you. Ask your lawyer or the clerk for your state’s exact deadlines (SSA §475).
- Day 0–2
Removal and petition
The agency removes the child and files a petition in court. In California the social worker must file within 2 court days of removal (California Courts).
- Day 1–7
Shelter care hearing
Also called a detention or preliminary protective hearing. The judge decides temporary custody. It happens within 48 hours in Illinois and 5 to 7 days in Arizona (Illinois 17th Circuit; Arizona Courts).
- Weeks 2–4
Initial hearing
You admit, deny or don’t contest the allegations. Some states fold this into the first hearing; in Arizona, for example, it comes 21 days after you’re served (Arizona Courts).
- Day 60
The federal clock starts
For federal deadlines, a child “enters foster care” on the earlier of the first court finding of abuse or neglect, or 60 days after removal (SSA §475(5)(F)).
- Often 60–90 days
Adjudication (the trial)
The judge decides whether the state proved its allegations. States set their own deadline; Arizona, for example, requires it within 90 days of service (Arizona Courts).
- Same day to ~30 days later
Disposition
The judge decides where the child lives, the case plan and visits. Many courts hold it right after the trial; others, like Arizona, set it about 30 days later (Arizona Courts).
- Every 6 months
Review hearings
Federal law requires a court or administrative review at least every six months (SSA §475(5)(B)).
- By 12 months
Permanency hearing
Held no later than 12 months after the child entered care, then at least yearly. Some states, such as Arizona and California, use 6 months when the child is under 3 (SSA §475(5)(C); California Courts).
- 15 of 22 months
The termination trigger
After 15 of the last 22 months in care, the state generally must file or join a petition to terminate parental rights, unless an exception applies (SSA §475(5)(E)).
Write every hearing date on one calendar the day you learn it. In dependency court, time is the thing the system counts most.
The shelter care hearing: the first days decide a lot.
The shelter care hearing decides temporary custody: whether your child can safely come home now, where your child stays if not, and what visits and services start. It is not the trial.
Maryland’s court tip sheet says it plainly: the shelter care hearing “is not the trial” (Maryland Judiciary). But what’s decided here can shape the months that follow, so treat it seriously.
In Illinois, the judge asks three things: is there evidence of abuse or neglect, was there an emergency need to remove, and were alternatives to removal explored. The parent is presumed fit, and the state must prove otherwise. Income or lack of money cannot be used to find a parent unfit (Illinois 17th Circuit).
What to ask for at the first hearing
- A lawyer. In California, the judge appoints one at the first hearing if you can’t afford one (California Courts).
- Relatives for placement. Bring names and phone numbers of family who could care for your child.
- Visits. Ask for a specific schedule, in writing, starting now.
- Alternatives to removal. If something less drastic would keep your child safe at home, say so through your lawyer.
Adjudication and disposition: the trial and the plan.
Adjudication is the trial, where the judge decides whether the state proved its allegations. Disposition decides where your child lives, what services you must complete and how often you see your child.
Admit, deny or no contest
You answer the petition. Don’t admit to anything before your lawyer has read the agency’s file with you.
Also called an arraignment See the sourceDid the state prove it?
The judge decides whether the allegations are proven and whether your child is dependent. Mediation or a settlement conference often comes first.
Sometimes called “jurisdiction” See the sourceWhere your child lives, and the case plan
The judge sets placement, the services you must complete and visitation. In Maryland it often comes at the end of the trial; California often combines the two.
Your case plan starts here See the sourceThe case plan set at disposition is the list you’ll be measured against at every review hearing. Read it line by line. If a service is impossible to reach, has a wait list or conflicts with your job, say so through your lawyer right away, and get it on the record.
Services are a two-way obligation. Federal law says the state generally doesn’t have to seek termination at 15 of 22 months if it has not provided the services needed for the child’s safe return (SSA §475(5)(E)). Keep proof of every referral you asked for and every one that never came.
Walk into court organized.
Build a free, secure case file. Keep your timeline, proof of services and agency reports in one place, practice for your hearing, and request a FAN advocate when you’re ready.
Review hearings, the permanency hearing and the 15-of-22 rule.
After disposition, the court reviews the case at least every six months. By 12 months, a permanency hearing sets the long-term plan: going home, guardianship, adoption or another plan.
At review hearings the court checks your child’s safety, whether placement is still needed, how you’re doing on the case plan and progress toward reunification (Maryland Judiciary). Missed calls with the caseworker can delay services and reunification, so stay reachable (Illinois 17th Circuit).
The first permanency hearing must happen no later than 12 months after your child entered care (SSA §475(5)(C)). Some states shorten it when a child is under 3: Arizona and California, for example, use six months (Arizona Courts; California Courts).
The 15-of-22-months rule has exceptions
If a child has been in care 15 of the last 22 months, the state generally must file or join a petition to terminate parental rights. It doesn’t have to when (SSA §475(5)(E)):
- The child is placed with a relative
- There is a documented compelling reason termination isn’t in the child’s best interest
- The state has not provided the services needed for the child’s safe return home
Only 35.2% of children entering care reach permanency within 12 months nationally (ACF CFSR Round 4). The clock keeps running whether or not the agency does its part. Read our guide to termination of parental rights.
How to prepare for family court or dependency court.
Judges see your case through paperwork the agency writes. Your job is to put your own dated, organized record next to it.
These are practical tips from FAN’s advocacy team, not legal advice. Your lawyer knows your local court’s rules.
- Build a timeline. Every date: the removal, every visit, every class, every drug test, every call with the caseworker.
- Gather exhibits. Completion certificates, test results, pay stubs, your lease, photos of the home, letters from providers.
- Make copies. Many parents bring three: the judge, the other side and you. Check your court’s local rules.
- List witnesses. People who saw your parenting firsthand: service providers, teachers, relatives. Ask your lawyer about subpoenas.
- Read the agency’s court report. Get it before the hearing, mark every error and send your lawyer a written list.
- Keep doing services. Courts track progress at every review (Maryland Judiciary).
- Stay in contact. Answer the caseworker and your lawyer. Missed calls can delay services (Illinois 17th Circuit).
- Fathers: ask to be included. Ask to be named a party and assessed for placement. Procedures vary by state; see fathers’ rights.
Do
- Bring your timeline, proof of services and copies of exhibits
- Read every report and flag errors to your lawyer in writing
- Ask your lawyer what the hearing will decide before you walk in
- Write down what the judge orders before you leave the building
Don’t
- Show up with a stack of loose papers
- Assume the judge has read your side
- Wait until the hearing to tell your lawyer about an error
- Skip a visit or a service while you wait for court
How to carry yourself in the courtroom.
Arrive early, dress neatly, call the judge “Your Honor,” don’t interrupt and stay calm even when the report is wrong. Raise errors through your lawyer or when it’s your turn to speak.
Attend in person unless you’ve been excused (Illinois 17th Circuit). Your calm is evidence too. Judges notice who listens, who keeps notes and who keeps their composure when someone says something untrue about them.
Do
- Arrive early and check in with the clerk
- Dress neatly, the way you would for an important interview
- Pass notes to your lawyer instead of speaking out
- Answer the question asked, briefly and honestly
Don’t
- Interrupt, sigh or shake your head
- Argue with the caseworker in the hallway
- Bring up issues the judge didn’t ask about
- Leave before you understand what was ordered
Objections and appeals
In general, raising an objection during a hearing is how an issue gets preserved. If nobody objects, an appeals court may treat the issue as waived. Common grounds include hearsay, relevance, missing notice and the agency’s failure to provide services. The form is simple: “Objection, Your Honor,” the reason in one sentence, then wait for the ruling. Ask your lawyer how this works in your state.
Appeal deadlines in dependency cases are short and differ by state. Check the deadline the day an order is entered, and ask your lawyer to file the notice of appeal.
Practice out loud before your hearing. FAN’s portal includes a hearing-practice tool and a statement builder to help you say what matters in a few calm sentences. Start your free case file to use them.
How to represent yourself in family court: the reality.
You can represent yourself, and most people in family court do. But cases with a self-represented party were less likely to end in a judgment and more likely to be dismissed.
A national study of 147,436 family cases in 11 large urban courts found that 72% had at least one self-represented party, and in 34% neither side had a lawyer. The rate ranged from 33% to 86% by court. About 20% of the caseload was reopened cases, which were more often contested and more often involved children (Family Justice Initiative, 2018).
In dependency court, ask for an appointed lawyer before you consider going it alone. The state has lawyers, and the stakes include permanent termination of your rights.
If you do represent yourself, use the help that exists. Some courts publish self-help guides, like California’s guide for parents in juvenile dependency (California Courts Self-Help). Learn the hearing types, read every filing and keep your own record.
Representing yourself doesn’t lower the bar. You’ll be expected to follow the same rules of evidence and procedure as a lawyer. Ask the clerk which forms and deadlines apply, and get it in writing when you can.
How to get a court-appointed lawyer.
Most states give parents who can’t afford a lawyer a free one in dependency and termination cases, by state law. The U.S. Constitution doesn’t guarantee it in every case.
In Lassiter v. Department of Social Services (1981), the Supreme Court ruled 5–4 that appointed counsel isn’t required in every termination case; judges decide case by case (Lassiter). Most states went further on their own. As of a 2016 national survey, 40 states plus D.C. guaranteed counsel to parents in dependency cases and 45 plus D.C. in termination cases (NCCRC).
Laws change, and not always in parents’ favor. Idaho repealed its automatic right to counsel for poor parents in termination cases in 2025. Counsel there is now provided only when the Constitution requires it (NCCRC).
Since July 2024, a federal rule lets agencies use Title IV-E funds already in the system to pay for lawyers for parents and relatives, including before a petition is filed and for some related civil problems like eviction defense (NCCRC on 45 CFR 1356). Ask whether your state uses it.
How to ask
- Tell the judge at the very first hearing that you can’t afford a lawyer and ask for one to be appointed.
- Expect to fill out a financial form about your income.
- Ask for your lawyer’s name and phone number before you leave court.
- Ask your lawyer for the petition, every agency court report and your case plan.
Where to find family court legal aid.
Start with your state’s legal aid organization. The Legal Services Corporation funds 129 independent nonprofit legal aid groups covering every state, D.C. and the territories, and has a locator tool.
- LSC-funded legal aid: search by your address to find the program that serves you (LSC: Get Legal Help).
- LawHelp.org: legal information and free forms, linked from the LSC site.
- Your state bar: many bars run lawyer referral services. Ask whether a first consultation is low-cost.
- Law school clinics: some schools run family law or child welfare clinics. Call the nearest law school and ask.
- Court self-help: check your court’s website for self-help guides and forms.
FAN isn’t a law firm, and we can’t represent you. What we can do is help you get organized and understand the process. Our free courses walk through dependency court step by step. On our portal you can build a case file and timeline, practice for a hearing and draft a statement, then request a FAN advocate.
Frequently asked questions
What is the difference between family court and dependency court?
Family court handles disputes between parents, like divorce, custody and child support. Dependency court handles cases the government brings after a CPS or DCS report or removal. Federal deadlines apply in dependency court, and most states appoint a lawyer for parents who can’t afford one.
What happens at a shelter care hearing?
The judge decides temporary custody: whether your child can go home now, where your child stays if not, and what visits and services begin. It is not the trial. It happens fast, usually within one to seven days depending on the state — for example 48 hours in Illinois and 5 to 7 days in Arizona.
What is an adjudication hearing?
It’s the trial. The judge decides whether the agency proved its allegations and whether your child is dependent. Each state sets its own deadline, often within a few months of the petition. Ask your lawyer for yours.
What is a disposition hearing?
The judge decides where your child lives, what services you must complete and the visitation schedule. It’s often held at the same time as adjudication or shortly after.
How long do I have to get my child back?
Federal law requires a permanency hearing within 12 months of a child entering care, then at least yearly. Some states, such as Arizona and California, use six months when a child is under 3. Ask your lawyer about your state’s timeline.
What is the 15-of-22-months rule?
After a child has been in care 15 of the last 22 months, the state generally must seek termination of parental rights. It doesn’t have to if the child is with a relative, there’s a compelling reason, or the state didn’t provide the services needed for the child to return home.
Do I have a right to a free lawyer in dependency court?
In most states, yes, by state law. The U.S. Constitution doesn’t guarantee one in every case (Lassiter v. Department of Social Services). Ask the judge to appoint one at your first hearing.
Can I represent myself in family court?
Yes, and most people do. A national study found 72% of family cases had at least one self-represented party. Those cases were more likely to be dismissed and less likely to end in a judgment.
How do I find free legal help?
Use the Legal Services Corporation’s locator, which covers 129 funded legal aid organizations. Also try LawHelp.org, your state bar’s lawyer referral service and nearby law school clinics.
How should I prepare for court?
Bring a dated timeline, proof of every service you’ve completed, copies of your exhibits and a list of witnesses. Read the agency’s court report ahead of time and send your lawyer a written list of errors.
Can the court hold my income against me?
In Illinois, the shelter care information sheet says lack of money cannot be used to find a parent unfit. Rules vary by state, so ask your lawyer.
Can I appeal a dependency court decision?
Usually, from final orders like disposition or termination. Appeal deadlines are short and differ by state, so act the day the order is entered and ask your lawyer to file.
Can federal money pay for a parent’s lawyer?
Yes. Since July 2024, a federal rule lets agencies use Title IV-E funds for parents’ legal representation, even before a case is filed. Ask whether your state uses it.
Does FAN provide lawyers?
No. FAN is a nonprofit newsroom and advocacy organization, not a law firm. We offer free courses, a secure case file portal with hearing-practice and statement tools, and advocates who can help you get organized.
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What we’ve seen in family courtrooms
Sources (12) +
- NCSC/IAALS/NCJFCJ, Family Justice Initiative Landscape Report (2018)
- Social Security Act §475, 42 U.S.C. 675
- Lassiter v. Dept. of Social Services, 452 U.S. 18 (1981)
- NCCRC: parents’ right to counsel in dependency and TPR cases (2016 table)
- NCCRC: Idaho repeals right to counsel for parents (2025)
- NCCRC: 2024 federal rule on Title IV-E funding for legal representation
- Legal Services Corporation: Get Legal Help
- Arizona Courts: Dependency Hearing Overview
- Illinois 17th Judicial Circuit: Shelter Care Hearing Information Sheet
- California Courts Self-Help: juvenile dependency guide for parents
- Maryland Judiciary: CINA hearings tip sheet
- ACF: CFSR Round 4 Statewide Data Workbook (March 2026)
Father’s Advocacy Network is a nonprofit newsroom and family-advocacy organization, not a law firm. This guide is general information, not legal advice. Laws differ by state and change often; talk to a family defense lawyer about your situation. Spot an error? Tell our corrections desk.
