I have a 4 year old grandson that I helped raise along side my daughter while Dad was serving time in jail. Dad was released one year ago and they all three moved out . Recently there was a CPS case open due to domestic violence. My daughter openly has asked the social worker to give me guardianship but nothing has been done. Can I get guardianship of my grandson with an open cps case and both parents approval ?
Family Law Attorney
It is not up to the social worker. You have to get a home study. Your daughter can request that, or you can go the court hearing and ask to speak, or you can get an attorney to assist you. Normally, the parents would be offered a case plan and reunification would be a goal. However, if both parents want you to have guardianship and you qualify, then that could happen. However, as stated in the earlier responses to your question, this would have to be approved by CPS, and you would have restrictions on how the parents could interact. A guardianship in a CPS case cannot be used simply to get CPS our of the parents lives and get the child back to the parents without dealing with the CPS issues.
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It is a possibility that a guardianship can be awarded through a case such as this. However, that is along the lines of a permanency plan and that would come after the termination of services. Maybe they don't want the kid in foster care, so more as a temporary fix as everything pans out. This is possible but as counsel has stated there a hoops to clear before that goes forward.