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Issues facing grandparents before getting involved in a CPS case

On Behalf of | Apr 27, 2023 | Grandparents' Rights

There is a special bond between grandparents and their grandchild. So, when Child Protective Services (CPS) comes into the picture leaving the child lonely and confused, grandparents willingly step up to the plate.

Although Texas law does not automatically consider grandparents as next-in-line caretakers when parents prove unfit due to damaging circumstances, they have every right to fight for their standing. That fight begins during a CPS hearing happening after the child’s removal. Depending on the proceeding’s outcome, grandparents may either have temporary child custody or visitation rights.

But even before getting involved, grandparents must check if they can really fulfill the role.

Who is ready?

Before looking after their grandkid in a highly stressful situation, grandparents must first evaluate if their own concerns do not hinder them from providing a safe and nurturing environment.

  • Source of income: The fixed income comes from the grandparents’ social security or pension. This can easily deplete without other supplementary sources supporting their and the child’s basic needs.
  • Physical well-being: With age comes disabilities. And illnesses require maintenance medication and additional care that can quickly pile up on expenses.
  • Criminal Record: With the child raised by dysfunctional parents, grandparents must also establish that they have not committed criminal violations.

Setting realistic expectations about grandparents’ capacity to care for their grandchild is in everyone’s best interests.

More legal rights than they realize

Grandparents appear to have little say in decision-making about their grandkid’s future, but they actually have more legal rights than they recognize. Their season of raising kids is not yet over. But to achieve success, every grandparent needs dependable legal counsel guiding them through these complicated issues.