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How to Get Your Grandchild From CPS – California CPS Lawyer Explains Important Information 2024

January 15, 2024

How to get your grandchild from cps - California cps lawyers

How to Get Your Grandchild From CPS

Many grandparents want to get custody of their grandchildren from Child Protective Services (CPS). This article will discuss the process of getting your grandchild from CPS in California.

We will cover the basic legal framework, the role of grandparents in a CPS case, and the rights of grandparents in California.

1. Can Grandparents Get Custody of a Grandchild from CPS?

Yes, grandparents can get custody of their grandchild from CPS in California, but it’s not easy. In California, the law provides that when a child is removed from their parent’s custody, the court must first look to place the child with a relative, such as a grandparent, before considering other placement options.

To obtain custody, grandparents must file a petition with the juvenile court. The court will then investigate to determine if it’s in the child’s best interest to be placed with the grandparents. If the juvenile dependency court finds it is in the child’s best interest, custody may be granted to the grandparents.

However, it’s important to note that grandparents may not be granted custody if there is evidence of abuse or neglect on their part. When making decisions, the court will always prioritize the child’s safety and well-being.

2. Grandparent Intervention in CPS Case

Grandparents can play a critical role in a CPS case. You can file a report with CPS if you are a grandparent and believe your grandchild is being neglected or abused. 

This report can trigger an investigation and ultimately lead to removing the child from their parent’s custody. However, this is a very dangerous route to take.

Just because the children are removed from the parent’s custody does not mean the grandparents will get custody of the grandchildren. The grandchildren could still be placed in foster care. 

Additionally, grandparents can participate in the court process as parties to the case. As a party, you have the right to attend all court hearings, provide evidence, and be represented by an attorney.

3. CPS Grandparents Rights California

Grandparents in California have legal rights when it comes to their grandchildren. For example, under California law, grandparents may have the right to visitation with their grandchildren.

Additionally, grandparents have the right to participate in the court process if their grandchild has been removed from their parent’s custody and the grandparents are considered de facto parents. 

As a party to the case, you have the right to attend all court hearings, provide evidence, and be represented by an attorney.

However, it’s important to note that these rights are not absolute. The court will always prioritize the child’s best interest when making decisions.

WHAT SHOULD YOU IF YOU NEED A CPS LAWYER TO HELP GET MY GRANDCHILD FROM CPS IN CALIFORNIA?

If you have been accused of abuse or neglect, it is crucial to get a CPS lawyer as soon as possible.

You deserve to have a CPS lawyer who will help you fight to get your grandchild from CPS. If you are dealing with a juvenile dependency case, child-welfare services case, or CPS case in Orange County, California, or Southern California, you need the juvenile dependency attorneys at ALL Trial Lawyers by your side.

Don’t risk calling the wrong lawyer. If CPS is investigating you, you do not have to deal with them alone. 

We know how the juvenile court process in California works. We have handled hundreds of juvenile dependency cases in Orange CountySan Diego CountyLos Angeles CountySan Bernardino County, and Riverside County.

Whether you are in Newport BeachIrvineFullertonLaguna HillsMission ViejoGarden GroveAnaheim, or any city in Orange County, we are here to help.

We have an office located near you, and we’re ready to start working on your case.

Call us now to speak to a CPS lawyer and for your free consultation. Call (866) 811-4255.

Dealing with a CPS case can be scary. You don’t have to face a CPS case alone.

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Conclusion

Getting custody of your grandchild from CPS in California can be challenging. However, with the help of an experienced juvenile dependency lawyer, you can navigate the system successfully. As a grandparent, you have legal rights and can help ensure the safety and well-being of your grandchild.

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