Do Grandparents Have Rights in Juvenile Dependency Cases?

Dealing with Child Protective Services (CPS) can be an emotionally-wrought experience for parents, grandparents, and other family members. No one wants to see a child pulled away from their loved ones. Fortunately, learning about CPS and grandparents rights can help you find an alternative arrangement for the child so that they don’t have to spend time in the foster care system.

Once someone reports a situation involving abuse or neglect to CPS, they have an obligation to address the situation in just 24 hours. Typically, this occurs through a phone call or an in-person visit. If the CPS investigator believes that the child may be at risk, they will call the police and create a plan for improving the situation.

At the CPS hearing, the judge will end up determining if the petition is valid. Then, they will hold another hearing to decide on the placement of the child and the next step.

As a grandparent, you need to take part in these hearings so that you can get temporary custody of the child. If you would like more than temporary custody, you’ll need to file something that is known as an intervention suit. An intervention suit can be more time-consuming and challenging to carry out, so you need to be completely confident that you are ready for the entire process. You can also make intervention suits easier to manage by reaching out to a legal professional as early as possible.

When you reach out for juvenile dependency case help in California, one of our attorneys can talk to you about the types of options that are available. There are many nuances to laws involving CPS and grandparents rights.

For example, grandparents are generally not guaranteed visitation rights in California because it is up to the parents to allow or deny visitation. However, grandparents are allowed to petition the court for visitation. If it is determined that it is in the best interest of the child, the grandparent can be granted visitation rights with the child.

When it comes to juvenile dependency court, it’s a good idea to talk to an attorney about your options. The right legal help for grandparents in CPS cases in California can help you determine the odds of a successful custody case.

As a grandparent, you’re legally allowed to petition the court for custody if CPS has removed the child from their parent’s care. Because CPS prioritizes placements with family members, there are good odds that temporary custody will be granted. However, custody is not given to grandparents who have exhibited a history of abuse or neglect.

If you report a parent to CPS, it’s important to keep in mind that many different outcomes are possible. Even if the parent is reported to CPS, the court may not give custody to the grandparents, which can make the situation even more emotionally traumatic for the child.

Technically, children are never allowed to choose to live with their grandparents. Until they turn 18, their parents have custody and make decisions about where they live. However, children are allowed to voice their opinion about where they would like to live in custody disputes once they turn 14. Then, the court will take their opinion into consideration.

There are many reasons grandparents may file for custody of a child. However, custody is generally awarded to parents unless there is a clear reason why the child is no longer safe in their home. In general, it’s a good idea to talk to your lawyer about CPS and grandparents rights. Grandparents are allowed to petition the court for temporary or permanent placements during a CPS case, but there are many legal rules that must be followed.

If you are struggling to deal with a child custody case, you are not alone. Our team has helped many parents and grandparents gain custody of children after a CPS investigation. To learn more about what to expect from this process, reach out to one of our team members today.