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- Arizona Law on Grandparent Custody and CPS Intervention
- How CPS Investigations Work and When They Remove a Child
- Can Grandparents Be Granted Temporary Custody During Dependency Proceedings?
- What the Juvenile Court Considers in Custody Decisions
- Filing for Custody or Guardianship as a Grandparent
- Real-World Arizona Custody Examples Involving Grandparents
- Challenges in Seeking Custody During CPS Investigations
- Custody Options for Grandparents in Arizona
- FAQs About Grandparent Custody and CPS Cases
- Important Things to Remember About Custody and Dependency Cases
- Contact a Family Law Attorney From CHM Law
When the Department of Child Safety becomes involved in a family matter, grandparents are often the first people to step forward to protect the child’s safety. If CPS or DCS decides to remove a child from the home due to allegations of abuse or neglect, grandparents may wonder whether they can obtain temporary custody during the investigation.
In Arizona, the law favors relative placement when children cannot remain safely with their parents. That means grandparents often have a stronger chance of being considered for child custody than unrelated foster parents. Still, the process requires court intervention, a dependency petition in some cases, and review by the juvenile court.
This article explains how grandparents may be able to request temporary custody of the child during a CPS investigation, what Arizona statutes say, and what steps are involved in these proceedings. By reading further, you’ll gain a clear picture of the rights, responsibilities, and challenges that come with stepping into this important role.
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Can Grandparents Get Temporary Custody During a CPS Investigation in Arizona?
Arizona Law on Grandparent Custody and CPS Intervention
Arizona law provides multiple legal routes for grandparents to step in when a child is removed from the home. These include kinship placement through the Department of Child Safety, guardianship, or temporary custody through family court.
Key statutes include:
- A.R.S. § 25-409 – Allows grandparents or third parties to request child custody if remaining in the home poses a risk of harm.
- ARS § 8-514 – Encourages the Department of Child Safety to place the child with relatives, such as grandparents, when it is in the child’s best interest.
- A.R.S. § 25-403 – Lists the factors the court must review when deciding custody based on the child’s best interests.
These laws establish that grandparents may be able to step in temporarily when the health or safety of a child is at risk. Courts give priority to grandparents and other relatives before considering foster care or a foster home.
How CPS Investigations Work and When They Remove a Child
When CPS (called CPS in the past, now the Department of Child Safety) receives a report of abuse or neglect, the agency investigates. If there is evidence that a child’s safety is in immediate danger, DCS may remove the child from the home. This removal of a child must be followed by a dependency petition and a dependency hearing.
Steps of a CPS investigation include:
- Assessment – The Arizona Department of Child Safety reviews the allegation of child abuse or neglect.
- DCS Intervention – Workers may visit the home, interview parents and guardians, and review mental health, school, or medical records.
- Court order authorizing removal – If necessary, DCS will notify the court, and a judge may issue a court order authorizing them to remove the child.
- Placement – Preference is given to relatives, such as grandparents, before foster care is considered.
- Hearing – A juvenile court judge reviews the case within 24 hours to ensure the removal was appropriate.
Grandparents should contact DCS as soon as possible after removal to notify them of their willingness to care for the child. Timely communication may increase the chance that the child is placed with family instead of a foster home.
Can Grandparents Be Granted Temporary Custody During Dependency Proceedings?
Yes, grandparents can be granted temporary custody of the child during a CPS investigation. However, this is not automatic. The court balances parental rights with the child’s welfare.
Ways grandparents may gain custody:
- Kinship Placement Through DCS
- DCS may place the child with a grandparent to protect the child temporarily.
- Background checks and a review of the home are required.
- Temporary Custody Through Juvenile Court
- Grandparents can file a request or dependency petition.
- The juvenile court determines temporary custody based on a comprehensive evaluation of the child’s best interests, considering all factors outlined in ARS § 8-862.
- Guardianship
- Grandparents may petition for guardianship under Arizona law.
- This often requires showing that both parents are unfit or unavailable.
Temporary custody of the child is subject to periodic review by the court and may be modified based on ongoing assessments of the child’s best interests and welfare.
What the Juvenile Court Considers in Custody Decisions
Juvenile court judges must review many factors before granting temporary custody to grandparents:
- Best Interests of the Child – Safety, stability, and emotional ties.
- Risk of Harm – Whether remaining in the home would expose the child to abuse or neglect.
- Parental Rights – Parents and guardians maintain rights, so the court balances their consent and objections.
- Relationship – Whether the child has a close, established bond with the grandparent.
- Child’s Welfare – School continuity, mental health, and overall adjustment.
If the child is removed from the home, grandparents who have previously provided care for the child may be seen as a safer alternative to foster placement.
Filing for Custody or Guardianship as a Grandparent
If DCS has not placed the child with grandparents, they may need to take legal steps by filing a petition.
The process may include:
- Filing a dependency petition or motion for custody in juvenile court.
- Submitting supporting documents to prove the parent is unfit or that the child’s health or safety is at risk.
- Attending a dependency hearing where the judge will review evidence and testimony.
- Requesting visitation rights or guardianship if custody is not granted.
Grandparents should consult an attorney before filing, since Arizona law has strict requirements for how these cases proceed. A court order authorizing guardianship or custody will formalize the arrangement and protect the child.
Real-World Arizona Custody Examples Involving Grandparents
Case 1: Substance Abuse Allegation in Phoenix
A parent was accused of drug-related neglect, and CPS decided to remove the child. The juvenile court placed the child with the grandparents temporarily after determining that foster care would disrupt the child’s schooling.
Case 2: Domestic Violence in Mesa
DCS filed a dependency petition after repeated child abuse allegations. Grandparents requested custody and were granted guardianship until the parent completed protective mental health services available in the community.
These examples show how the courts weigh allegations, parental rights, and the best way to protect the child.
Challenges in Seeking Custody During CPS Investigations
Grandparents may face several difficulties:
- Parental Objections – Parents often resist, arguing interference with their parental rights.
- Legal Complexity – Filing petitions, providing written evidence, and attending hearings can be overwhelming.
- Financial Strain – Caring for the child may be expensive without foster subsidies.
- Temporary Nature – Custody may be pending further review or only granted temporarily.
In such cases, grandparents should consult with counsel to understand their rights and obligations. A timely consultation with CHM Law may be able to protect the child’s safety while preserving the grandparent’s role in the case.
Custody Options for Grandparents in Arizona
Option | Who Decides | Statutory Authority | How Long It Lasts | Notes |
Kinship Placement | Department of Child Safety | A.R.S. § 8-514 | Pending dependency proceeding | Child is removed from the home and placed with relatives |
Temporary Custody | Juvenile Court | A.R.S. § 25-409 | Until further court order | Grandparents file a petition; requires proof of risk of harm |
Guardianship | Superior Court | A.R.S. § 14-5201 | Can continue until age 18 | Requires consent of parents or a finding they are unfit |
FAQs About Grandparent Custody and CPS Cases
- How soon can grandparents get custody after CPS removes a child?
Grandparents may be contacted within 24 hours of removal. Acting as soon as possible improves chances of placement. - Do grandparents need to file paperwork?
Yes, in many cases filing is required to formalize custody. The court will adjudicate custody during dependency proceedings. - Can grandparents request visitation rights if denied custody?
Yes, Arizona law allows grandparents to request visitation rights under certain circumstances. - What services are available to grandparents caring for children?
Foster subsidies, voluntary kinship care programs, and community services may help cover costs. - What if a parent claims interference?
Grandparents must prove that granting them custody is necessary to protect the child’s safety. - Can a child’s guardian or custodian consent to temporary custody?
Yes, but if there is a violation of protective laws, the court may override parental consent. - Do grandparents need legal counsel?
While not required, consulting counsel helps ensure the petition is properly filed and reviewed.
Important Things to Remember About Custody and Dependency Cases
- DCS intervention is designed to protect the child’s welfare.
- Courts give grandparents priority placement over foster care when possible.
- Filing a dependency petition may be necessary if parental rights remain pending.
- Custody orders are temporary until the dependency proceeding is resolved.
- Always contact the Arizona Department of Child Safety or consult an attorney for timely guidance.
Contact a Family Law Attorney From CHM Law
If you are a grandparent facing a CPS investigation involving your grandchildren, the legal process can move quickly and feel overwhelming. Filing petitions, attending hearings, and proving your ability to care for the child require careful preparation.
At Colburn Hintze Maletta, we know how important it is to protect the child’s safety and preserve family bonds. Our attorneys have experience handling dependency petitions, custody filings, and guardianship requests in juvenile court. We also understand how to work with the Department of Child Safety and CPS investigators to achieve the best outcomes.
We offer free consultations where you can discuss your case with an attorney, review your options, and receive guidance specific to your situation. We will notify the court on your behalf, file petitions, and submit evidence to support your request for custody.
Call us today at 602-755-6290 or contact us through our website to schedule your free consultation. Acting promptly may be able to protect the child from further risk of harm and keep your family together.
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