Why CPS becomes involved
Child Protective Services is usually involved when children are subject to abuse, neglect, or injury from their parents. An agent is sent to investigate the complaint. If the agent determines that the child is in danger, he/she will petition the agency for the removal of the youth and temporary placement in a home like a foster home. Sometimes the grandparents can take in the child and care for him or her until the extended family has decided to give custody.
Hearing and Investigation
After the parents have been investigated, they will be able to present the case during a hearing. Next, the CPS or courts will decide if removal is necessary and justified in light of the circumstances. Within fourteen days of removal, the hearing takes place. The hearing is where the child’s situation will be evaluated to determine where they will live during the case. The process could take as long as 18 months and the youth will require a place to live for the duration. Grandparents who wish to be involved in the custody process must act quickly and retain a lawyer.
Making the Case
To remove the child, grandparents will need to hire a family law surrey bc quickly and present evidence at the hearing to show that custody would be better if the child was with extended family who cares for them. You can also show proof that the child has settled in with grandparents by proving that the home is loving and safe. To prove that the grandparents are best suited to care for the youth, the lawyer might also look at other aspects of extended family members’ lives to support the claim.
In cases where the child has moved out of the home with their parents, there are usually two options. The grandparents can either side with the parents or help to get custody back. This will increase the chances of reclaiming the child’s rights. They may also choose to keep the child in their care until the case is resolved. If there is evidence of abuse in the home or against the child, this option will not be supported by the parents. The grandparents often decide to accept the victim of abuse at their hearing.
Parents may be unable to obtain custody of their children if the grandparents can represent them in abuse cases that go through a hearing. In the eyes of the CPS/courts, it is often impossible to both support the accused abusers while also taking in children taken from the home. In these cases, the grandparents may choose to believe that the parents will protect the youths’ best interests and provide support for their well-being.
The Lawyer and the Legal Custody Lawsuit
The situation may dictate that the grandparents might need to file a case or intervene to obtain legal custody of their grandchildren who have been abused by their parents. This is a different procedure than temporary placement. It may allow the grandparents to transfer parental rights in a permanent capacity. The parties would need to explain to courts that if parents reacquire children for any reason it will negatively impact their health and well-being.
A lawyer is required when filing for a lawsuit or when the children are being temporarily placed with grandparents. A lawyer will represent extended family members and help grandparents obtain temporary or permanent custody. The lawyer will either work for the hearing or file a lawsuit.