Can Grandparents Get Custody from CPS in Pennsylvania?December 31, 2024
When children are removed from their parents’ care due to safety concerns, the situation can be heartbreaking for everyone involved, including grandparents. In Pennsylvania, grandparents often wonder if they can step in and gain custody of their grandchildren when Child Protective Services (CPS) becomes involved.
The answer is often “yes,” but the process requires legal knowledge, persistence, and a clear understanding of the child’s best interests. At Daley Zucker, our experienced family law attorneys in Harrisburg, PA, can guide grandparents through this process and help them protect their grandchildren’s futures.
How Does CPS Handle Custody Cases?
CPS, known in Pennsylvania as the Office of Children, Youth, and Families (CYF), intervenes when a child’s safety is at risk due to abuse, neglect, or other unsafe conditions. In such cases, CYF may remove the child from the parents’ home.
The court’s primary focus in these cases is always the best interests of the child, which includes maintaining family connections whenever possible. Grandparents are often considered a viable option for placement due to their existing relationship with the child and the stability they can provide.
Can Grandparents Get Custody When CPS is Involved?
1. Temporary Custody or Kinship Care
In many cases, grandparents can receive temporary custody through kinship care, a program designed to place children with family members instead of foster care. To qualify, grandparents must demonstrate:
- A close relationship with the child
- The ability to provide a safe and stable home
- A willingness to comply with court orders and CYF requirements
2. Filing for Legal Custody
Grandparents can also petition the court for legal custody of the child. This process involves filing a formal custody petition and proving that custody with the grandparent serves the child’s best interests. Factors considered include:
- The child’s emotional and physical needs
- The grandparent’s relationship with the child
- The stability and safety of the grandparent’s home
Factors Courts Consider When Awarding Custody to Grandparents
Pennsylvania courts carefully evaluate custody petitions from grandparents to ensure the placement is beneficial for the child. Key considerations include:
- The Child’s Best Interests: Courts prioritize the child’s emotional, physical, and educational needs.
- Parental Involvement: If parents are unable to provide a safe environment, grandparents may step in to fill that role.
- Grandparent-Child Relationship: A strong pre-existing bond between the child and grandparents strengthens the case for custody.
- Criminal Background and Home Assessment: CPS and the court will evaluate the grandparent’s background and living conditions to ensure the child’s safety.
Steps for Grandparents to Pursue Custody in Pennsylvania
1. Consult a Family Law Attorney
Navigating custody cases involving CPS can be legally complex. An experienced family law attorney can guide you through the process and advocate for your rights as a grandparent.
2. Complete Necessary Background Checks
CPS typically requires grandparents to undergo background checks and home assessments to confirm their suitability as caregivers.
3. File a Custody Petition
If kinship care is not granted, grandparents can file for custody in family court. Your attorney will help you prepare the petition and gather evidence to support your case.
4. Attend Custody Hearings
Custody cases often involve multiple court hearings. Be prepared to present your case, demonstrate your ability to provide for the child, and show that placement with you is in the child’s best interests.
Common Challenges Grandparents Face in Custody Cases
While grandparents have a strong chance of gaining custody, challenges may arise, such as:
- Resistance from Parents: Parents may contest the custody petition, especially if they are working toward reunification.
- Complex Legal Requirements: Meeting court and CYF standards can be time-consuming and overwhelming without legal guidance.
- Emotional Strain: Custody battles involving grandchildren can be emotionally taxing for all parties involved.
How Daley Zucker Can Help Grandparents Seeking Custody in Harrisburg, PA
At Daley Zucker, we understand how important it is for grandparents to protect their grandchildren in difficult circumstances. Our experienced family law attorneys in Harrisburg, PA, can:
- Help you navigate the CPS and family court processes
- Advocate for your rights as a grandparent
- Assist with filing custody petitions and preparing for hearings
- Ensure the best interests of your grandchild are at the forefront of the case
Contact Daley Zucker for Custody Cases Involving CPS in Harrisburg, PA
If you’re a grandparent seeking custody of your grandchildren after CPS intervention, the legal process can be daunting. At Daley Zucker, our compassionate and knowledgeable family law attorneys in Harrisburg, PA, are here to support you every step of the way.
Related Post: Reasons Grandparents Can File for Custody of Grandchildren