388 Petition Form (JV-388) – Fill Out and File

The 388 Petition form (JV-388) is a California juvenile court document used to request a change in custody, visitation, or other orders for a dependent child. If you have experienced a change in circumstances or new evidence has emerged since the last court order, California law provides a clear path to revisit those decisions. Click the button below to fill out and submit the form.

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388 Petition Form – Key Details and Filing Facts

The 388 Petition, governed by Welfare and Institutions Code (WIC) Section 388, allows parents, guardians, or other interested parties to ask a juvenile dependency court to modify or terminate an existing court order. To succeed, you must demonstrate either a change of circumstances since the last order or present new evidence that was not available before.

When you file a JV-388, you submit the petition to the Juvenile Dependency Clerk's Office along with supporting documentation. The court then schedules a 388 hearing, where a judge or commissioner reviews your evidence. You must show that the proposed change serves the best interest of the child. This is the primary legal standard applied in California juvenile dependency cases.

Common reasons for filing include completed sobriety or parenting programs, changed living situations, or new evidence of the child's needs. Related court forms include the JV-180 Notification of Mailing Address and the California JV-445. Local Superior Courts also offer self-help resources to guide you through the filing process.

Question	Answer
Form Name	388 Petition Form
Form Length	2 pages
Fillable?	No
Fillable fields	0
Avg. time to fill out	30 sec
Legal basis	Welfare and Institutions Code Section 388
Filing location	Juvenile Dependency Clerk's Office
Who can file	Parents, guardians, or interested parties
Other names	388 petition los angeles county, 388 hearing, jv 388 petition form, 388 petition

Form Preview Example

Do You Want to File a 388 Petition for Modification in Juvenile Dependency Court?

HOW TO:

File a 388 Petition to change custody and

visitation orders in a juvenile

dependency case.

WHEN TO USE:

You want to change a court order in a juvenile

dependency court case (new or old).

You are the parent of the child, the dependent child

of the juvenile court (with a guardian) or other

person having an interest in the child.

Circumstances have changed since the last order

was made or there is new evidence you want to

present to the court.

Note: If an attorney represented you in court,

contact them first to see if they can help you.

Self-Help Center

Superior Court, County of Santa Clara

99 Notre Dame Avenue

San Jose, CA 95113

408.882.2900 ext 6

www.scselfservice.org	www.sccsuperiorcourt.org	www.courtinfo.ca.gov/selfhelp
Santa Clara County	Santa Clara County	State of California
Self-Help website	General website	Self-Help website
DRAFT		7/17/02

Under Welfare and Institutions Code 388, any parent of a dependent child, a dependent child of the juvenile court (with the assistance of an appointed guardian), or other person having interest in a dependent child of the juvenile court may file a 388 petition when there is a change of circumstance or there is new evidence in their case. These instructions and samples show you how to petition the juvenile court to change any order of court previously made, or terminate the jurisdiction of the court. This is similar to the action in which the child was found to be a dependent of the juvenile court.

HOW TO FILE YOUR PAPERS:

Follow these easy steps in order from 1 to 3. All filing of papers and court appearances take place at Superior Court, 115 Terraine Street, San Jose, CA 95110 (see map), 408- 299-8980.

1.Complete the attached Juvenile Dependency Petition (#JV-100) and the Modification Petition Attachment (#JV-180).

Note: You must state your relationship to, or interest in, the child and include all supporting information regarding any change of circumstance or new evidence. This information is required in order to file a 388 petition.

2.Make one copy of each form. The original is for the court and the copy is for you.

3.Go to the Juvenile Dependency Clerk’s Office to submit the forms. The clerk’s office will “receive” stamp the original and return the copy to you. If you are unable to come to the clerk’s office in person you may mail these forms to the address listed above.

WHAT’S NEXT: The original forms are sent up to the assigned Judge or Commissioner. He or she will either grant, deny or set the matter for hearing. You will be notified by mail about the Dependency Court’s decision.

For more help, visit the Court’s Self-Service Center or contact the Santa Clara County Bar Association’s Lawyer Referral Service and Modest Means Panel (408-971-6822) for a $30/30 minute consultation with an attorney and representation in court for a fee based on your income.

How to Edit 388 Petition Form Online for Free

How to Fill Out and File the 388 Petition Form

Follow these steps to complete JV-388 and present your request to the juvenile dependency court.

Step 1: Gather Your Supporting Evidence

Before filling out the form, collect documents that prove your changed circumstances or new evidence. Examples include program completion certificates, employer letters, housing records, or statements from service providers.

Step 2: Complete the JV-388 Form

Enter your name, the child's name and case number, the specific order you want changed, and your reasons. Be specific about what changed, when it changed, and why the modification serves the child's best interest.

Step 3: File at the Clerk's Office

Bring the original plus at least two copies to the Juvenile Dependency Clerk's Office. File before the next scheduled hearing date. If you also need to update your address, submit a JV-180 form at the same time.

Step 4: Attend the 388 Hearing

The court will schedule a hearing to review your petition. Present your evidence to the judge or commissioner, who will decide whether the proposed change is in the best interest of the dependent child. Bring all supporting documents and be prepared to answer questions.