When a grandparent finds themselves in the position of needing to gain custody of their grandchild, they must navigate a complex legal system. In this blog post, we will explore the topic of “Can grandparents get custody from CPS?”, and provide examples of how the courts have handled such cases in the past.

What Is CPS and What Role Does It Play in Grandparent Custody Cases?

Child Protective Services (CPS) is a governmental agency charged with protecting children from abuse and neglect. When a child is removed from their parents’ home, CPS will investigate the situation and work with the family to determine a safe and healthy living arrangement for the child. In some cases, the parents decide to voluntarily terminate their parental rights, or the court terminates the rights due to neglect or abuse. In these cases, the court will then look to the grandparents to see if they are a viable option for the child’s care.

When Does the Court Consider Grandparent Custody?

The court will consider grandparent custody in situations where the parents’ rights have been terminated and there is no other suitable caretaker. In order for a grandparent to be granted custody, they must demonstrate that they are emotionally and financially capable of providing a safe and healthy living environment for their grandchild.

The court will also review the grandparent’s relationship with the child, as well as the child’s wishes, if they are old enough to express them. In most cases, the court will look for the grandparent to demonstrate that they have had a meaningful relationship with the child prior to the parents’ rights being terminated.

When Can Grandparents Get Custody from CPS?

In some cases, CPS may grant grandparents custody of their grandchild without the need for court action. For example, if the parents’ rights have been terminated voluntarily or if the parents are unable to care for the child due to illness or incarceration, the grandparent can petition the court or CPS to gain custody.

In other cases, the court may grant grandparents custody if they can demonstrate that they are the best caretaker for the child. Grandparents may be granted temporary or permanent custody depending on the situation.

Examples of Grandparent Custody Success Stories

In one case, a grandmother won custody over a child welfare agency in Pennsylvania, the mother, and the father.  The child was living in the grandmother’s home and CPS removed the child without warning.  Both parents were also found to be unfit.

In another case,  Morgan v. Weiser, the grandfather was granted custody parents’ rights were terminated.

And one more example is the case of People ex Rel. Sibley v. Sheppard.  In this case, a natural grandparent received visitation rights even though the grandchild was adopted.

Final Thoughts – Can Grandparents Get Custody from CPS?

In summary, the answer to the question “Can grandparents get custody from CPS?” is yes. Grandparents may be granted temporary or permanent custody of their grandchild if the parents’ rights have been terminated and the grandparent can demonstrate that they are capable of providing a safe and healthy living environment for the child. Examples of successful grandparent custody cases include those where the grandparent has had a meaningful relationship with the child prior to the parents’ rights being terminated.  Even if a child was adopted there are examples of grandparents getting visitation rights to their natural-born grandchild.