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What steps do a grandparent have to do to obtain temporary custody for grandchildren in custody with DCFS?

Macomb, IL |

My 3 grandchildren are in custody with DCFS in CA. My daughter is not fit for them. I want to obtain temporary custody of my grandchildren until my daughter is stable. Do I have the right? What can I do to gain temporary custody of my grandchildren? Please help

Attorney Answers 3


  1. Yours is a very complex situation, especially because DCFS is involved. You will not receive sufficient guidance in this simple Q&A forum, Please speak in person with a skilled family law practitioner with experience dealing with DCFS.


  2. you should consult with a dcfs knowledgeable attorney in calif, in the county in which the child case is. we cannot help you here.


  3. Are the children currently in foster care or with other relatives? If the children are already with other relatives your chances of getting the children sent to IL are very slim. Generally, the courts will not transfer placement of the children from one relative to another absent a showing of abuse or neglect. If the children are in foster care, your chances are greater but the courts do not like to send the children out of state unless both parents consent because it hinders the reunification process. Then, if both parents consent, the court will likely order an ICPC to take place to assess placement with you before sending the children.

    Despite the above, the overriding concern in the dependency court is "what is in the children's best interest?" If you are able to convince the social worker or the Judge that it is in the children's best interest to reside with you in IL, than you will be successful. My advice is to contact the social worker on the case or an experienced attorney in CA to guide you through the process.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer. It’s easy and appreciated. This response is intended to be a general statement of law, should not be relied upon as legal advice, and does not create an attorney/client relationship. I practiced in the dependency court for over 6 years. I can be reached at 310 373-2900.

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