When Your Daughter Is Arrested and You Want to Protect Your Grandchild

If your daughter has been arrested, the fallout can be all the more excruciating and impactful if she herself has a child. What happens to the child? How can you protect the child? How can you help the child overcome the trauma of watching a parent being taken away if the child was present at the time of the arrest?

If your daughter is a single parent, then her child will likely be taken into protective custody. You will want to take action quickly to seek the release of your grandchild into your custody, at least temporarily. Keep in mind that the fact that you are related to the child in question will help, so long as there is nothing unlawful going on in your home. Child Protective Services tends to choose family members over a foster care family that your grandchild does not know.

Again, time is of the essence, as the further the grandchild gets “into the system,” the more complicated it can be to extricate her or him, and the more impact it can have on the tender psyche of a young child. You will need to go through an application process to seek temporary custody as a foster care guardian of your grandchild.

The application process involves significant paperwork, including documentation from references that you are responsible and stable, and can provide a good home for your grandchild. You will also need to meet with a social worker or the caseworker assigned to your grandchild’s case. That person will want to visit your home and meet those who live in the home with you. They will ask many intrusive questions. It can cause a lot of difficult emotions for you, but the bottom line is the agency is looking to make sure the home is a safe place for the child in question. Try to keep that in mind at all times during a meeting with the caseworker or agency representative.

In most cases, the agency will release the child to your custody. You will need to follow the rules and regulations of the protection agency, checking in regularly with the case worker assigned to watch over your grandchild’s case. Initially, you will receive the child into temporary custody, which, depending on what happens with your daughter and her criminal case, could become permanent custody down the road.

A couple of things to keep in mind: your daughter may be better able to focus on her criminal defense and getting her life together if you do temporarily take her child into your custody. The child, however, may have a lot of reactions; after all, she or he has essentially experienced abandonment by the most important person in her or his life. You can discuss your concerns with the social worker. There are resources out there to support you and allow you to find a way to help your grandchild offload the trauma she or he has experienced.

Contact the Law Office of Len Conner & Associates

At the Law Office of Len Conner & Associates, we offer a free initial consultation in all family law matters, including issues relating to obtaining temporary or permanent custody of a grandchild. Send us an e-mail or call our office at (972) 445-1500 or 972-445-1500 if you’re in the Dallas-Fort Worth area. Or call us toll free at (877) 613-5800 for an appointment.

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