Can Grandparents Get Custody from CPS

When a child is removed from their parents due to neglect or abuse, Child Protective Services (CPS) must locate the child in an appropriate living arrangement, frequently with grandparents. Following that, a grandparent might want either custody battle or strive to assist the parent in regaining possession.

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The courts must grant the parents of each child removed by CPS a hearing to assess if the removal was justified. The trial must be convened within 14 days following the removal of the kid. The court will also determine where the child will live while the case is underway, which may take up to 18 months.

Given the short timeline for the hearing, grandparents who want their grandchildren placed with them must speak with and employ lawyers as soon as the kid is removed. If Grandparent get the custody they can see the child, if not they can’t see the child

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Two Distinct Options

  • When a youngster is no longer living with their parents, there are normally two possibilities. The grandparents would either stand with the parents and assist in regaining custody, or they would strengthen the case to recover the kid. The grandparents will also consider taking in the youngster until the ongoing case is resolved. When there is proof and a report of abuse occurring in the family or against the young person, this option normally does not support the parents. When it comes to taking in the battered victim, the grandparents frequently decide at the time of the hearing.
  • Whereas if grandparents want to defend the parent in situations of abuse that go to court, they may not be able to get custody of the marriage’s children at any stage throughout the process. From the perspective of the CPS and courts, it is frequently impossible to sustain alleged abusers while taking children away from their homes. There is little confidence that the grandparents would protect the youngsters’ best interests and support their care and well-being by preferring to trust the parents over the children in these cases.

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How Can Grandparents Gain Custody?

Whether you can obtain custody of their grandchild, although if your adult child refuses, is determined by several variables, such as where you live, before granting grandparent custody, certain states mandate one of the given situations:

  1. A single or both of the parents are no longer alive.
  2. With concerns like alcohol or drug addiction, criminality, mental illness, neglect, or abuse, the parents are unsuitable.
  3. Their folks are either separated or no longer live together.
  4. The parents—or one parent if the other parent is missing—agree to have the grandparents assume custody.
  5. To keep the kid safe during an inquiry by child protective services, custody is handed to the grandparents.
  6. When another event arises, like a single parent being sentenced to prison, the grandchild has been living with the grandmother.
  7. The grandchild is of legal age to inform a judge that they desire to reside with their grandparents.
  8. A court gives a young mother and a grandmother custody of their child until the mother is competent to care for the child alone.
  9. Both parents die unexpectedly, and the grandparents are named as guardians in a will.

If the court rejects grandparent custody, they may still be granted visiting privileges, which, while more straightforward to obtain, are also frequently refused. Custody might be denied for various reasons unrelated to the events described above.


Grandparents in Court with Their Adult Child

Most cases described above need grandparents to file a custody case application in court before acquiring custody. A court may allow your case to go to trial if you can demonstrate that you were actively involved in the kid’s life until your adult child intervened.

Obtaining grandparent custody is tough in any scenario, but it is incredibly challenging when the child’s family remains intact. Both parents are entitled to raise their kids as they see proper, and a court will only grant custody to grandparents if it is in the child’s best interests.

For stable families, grandparents may have custody only if the parents are deemed unsuitable or if child protective services are investigating.

Gaining guardianship of a grandchild is challenging in any scenario, mainly if young relatives or good friends of the parents are judged more suitable guardians. Furthermore, the kid may remain with their parents under specific situations, such as the mother undergoing drug treatment. Whether you’re serious about obtaining custody, you’ll need to employ a renowned family attorney since you’ll need to demonstrate that there is a specific scenario that puts it to your grandchildren’s benefit for you to retain custody.

Final Words

Grandparents could be eligible to obtain guardianship or custody of a kid in CPS custody, but only after the courts have considered the parents’ connection with the child. It might be difficult for certain grandparents to obtain custody. In reality, because courts are so biased in favor of parents raising their children, grandparents must typically establish that both parents (if available) are unsuitable.

Do not lie to get custody of the child, it may have consequences.

 If CPS has found that the parents are incompetent to raise their children or the parents desire the grandparents to raise their children, the courts are more likely to favor the grandparents. However, as with other child custody arrangements, the court will always examine what is in the best interests of the kid. Some states have these elements codified, while others do not.

Regardless of whether they are codified, the court would almost certainly consider the following elements before formalizing any custody arrangement:

  •  The child’s physical and emotional requirements
  • The grandparents’ requirements for childcare
  • The desires of the parent(s) and grandparent(s)
  • The child’s desires, as well as the connection between the grandparent(s) and the grandchild
  • Is there proof of abuse by the parent?
  • The child’s adaptation to their new home, school, or community
  • The separation between the child and their parent(s) or grandparent(s)

You can contact us for more information or if you have any doubt.

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