When the parents are put under review, at a hearing, they may have an opportunity to clarify the matter. Then the CPS and courts would decide whether, under the circumstances, the removal was appropriate and warranted. Within fourteen days of suspension, this hearing takes place. At the hearing, the child's conditions will undergo an examination to decide where he or she will live during the pending event. This could take up to eighteen months, and for the duration, the youth would need a home. If grandparents wish to get involved, they have to do so quickly and recruit a lawyer for custody consideration.
Typically, the removal of the child allows grandparents to act quickly by hiring a lawyer and making an argument in the hearing about how custody with an extended family that cares about the young person is better off. In order to ensure that the young person settles with the guardians, this is also possible by presenting evidence of a stable and caring home with plenty of space and frequent visits from the CPS officers. The prosecutor can also use other facets of the extended family's lives to help show that the grandparents are best qualified to at least take and raise the youth for the duration of the pending case.
There are normally two alternatives that exist in situations where the infant is no longer with the parents in the home. The grandparents will either opt to side with the parents and again help to obtain custody and raise the strength of the argument to regain the young person. The other alternative preferred by the grandparents is to take the child before the pending case is resolved. When there are documentation and a report of violence happening in the house or against the young child, this choice typically does not help the parents. When agreeing to take in the abused victim, at the time of the hearing, the grandparents will also decide.
In cases of violence going to a hearing, whether the grandparents want to support the parent, they do not have any choice at any point during this process to seek custody of children from the marriage. It is generally not possible, in the minds of the CPS and courts, to help the convicted abusers and take in children separated from home at the same time. By choosing to believe the parents in these circumstances over the children, there is little confidence that the grandparents can ensure young people's best interests and help their care and well-being.
The grandparents may need to file a complaint or intervention to pursue the legal custody of grandchildren abused by parents, depending on the scenario. This is different from temporary placement and can, in a more permanent capacity, pass the parental rights to the grandparents. These parties would also need to demonstrate to the courts that it would adversely affect their health and well-being if the parents were to reacquire the children for some reason.
When filing for the case or when the children need to be put temporarily with the grandparents, a lawyer is typically needed. In these cases, he or she will advocate for the interests of extended family members and assist the grandparents to obtain either temporary or permanent custody. Either the prosecutor working on the hearing of a case will result in this.
Disclaimer: At the moment it was published, every attempt was taken to ensure the accuracy of this publication. As different cases may vary and the law may have changed after publication, it is not intended to offer legal advice or imply a guaranteed outcome. To understand current laws and how they could impact a lawsuit, readers considering legal action should consult with an experienced lawyer.
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