My Grandchild Is Being Neglected – Can Grandparents Intervene with Dependency Petitions or DHR/CPS?
- Michael Capleone, Sr.
- 9 hours ago
- 6 min read
My Grandchild Is Being Neglected – Can Grandparents Intervene with Dependency Petitions or DHR/CPS?
Seeing your grandchild suffering is heartbreaking—and as a grandparent, you have legal options. When neglect is evident, it’s not just a family matter—it’s actionable. Here's how grandparents can step in, through dependency petitions in family court and collaboration with DHR/CPS, to protect a vulnerable child.
Understanding Dependency Petitions and Grandparent Rights in Alabama
When a child is being neglected, abused, or abandoned by their parents, Alabama law allows certain individuals—including grandparents—to file a dependency petition. This legal action asks the juvenile or family court to find that the child is “dependent” because they are not receiving proper care, supervision, or a safe home environment. If the court agrees, it can remove the child from the parents’ custody and place them with a safer, more stable caregiver—often a grandparent.
To file a dependency petition, a grandparent must present credible, documented evidence that the child’s safety or welfare is at risk. The court evaluates whether the parent is unfit or unable to provide adequate care and whether alternative placement is in the child’s best interest. This is a powerful legal tool for grandparents who are not just concerned, but who have clear proof of harm or danger.
In Alabama, grandparents have the legal right to intervene in some dependency proceedings. If the child has been taken into DHR custody, or if the court is considering foster care placement, grandparents may ask to be considered as relative placements under both state law and the federal Adoption and Safe Families Act (ASFA). This is especially critical when continuity of care, family ties, and emotional stability are at stake.
In addition to dependency actions, Alabama law does provide a path for grandparent visitation rights, though the burden is high. Under Ala. Code §30‑3‑4.2, grandparents may petition for court-ordered visitation when:
One or both parents are deceased, incarcerated, or mentally incompetent
The child was born out of wedlock
The parents are divorced or separated
The child’s relationship with the grandparent is in their best interest
The court evaluates factors like the prior relationship with the child, the child’s wishes, and the potential benefit or harm of visitation. While not automatic, these rights are real—and actionable—when supported by evidence.
Step 1: Gather Evidence of Neglect
You must show neglect is real and ongoing:
Unsafe environment (dirty home, no utilities)
Inadequate supervision (young child left alone)
Medical neglect (missed immunizations)
Emotional neglect (abandonment, no emotional support)
Document everything: photos, texts, medical records, school notes—date-stamped and factual.
Step 2: File a Dependency Petition in Family Court
Alabama’s dependency laws allow grandparents to petition for guardianship if the child’s welfare is at risk. You must prove:
The child lacks parental care
Legal guardianship is in the child’s best interest
What to expect:
Prepare your petition and file in the Juvenile Court.
The court may immediately place the child with you—temporarily.
A hearing follows. You’ll present your evidence and argue for continued placement.
This process can be fast-moving—especially in serious neglect cases.
Step 3: Partner with DHR/CPS
Report neglect to DHR:
Provide all documentation
Request immediate assessment of the child’s safety
Alert them grandparent wants custody/guardianship
DHR may step in, opening their own investigation and providing support
Court + DHR partnership can create a dual track: parents monitored while safety is enforced.
Step 4: Defense Against Pushback
Neglect proceedings may trigger pushback from the parents. They may retaliate with legal challenges or claim grandparent overreach. Maintain a calm, respectful but firm stance:
Keep records of communications
Stay child-focused—never attack parents
Show your home is stable and safe
Work with an attorney who knows dependency petitions
Step 5: Healing the Grandparent-Grandchild Bond
Once safety is secured:
Create a healthy, calm living structure
Encourage family visits (if safe)
Keep documentation open—part of ongoing record-keeping
Bottom Line
Yes, grandparents can intervene legally using dependency petitions and CPS partnerships. With clear evidence of neglect and a strategic legal plan, you can safeguard your grandchild’s well-being—actively, responsibly, and with full legal support.
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About Michael Capleone, Attorney at Law
Michael Capleone is a seasoned family law attorney based in Hoover, Alabama, with over 22+ years of experience helping clients navigate complex legal challenges, including divorce, child custody, parental rights, grandparent’s rights, military divorces, petition for protection from abuse, CPS and DHR matters, father’s rights, mother’s rights, relationship advice, pets/ animal custody when a relationship or marriage ends, and general family law matters, co-parenting, dealing with a narcissist, emotional recovery, and much more! As a licensed practicing attorney since 2003, is a dedicated advocate for his clients, Michael understands the emotional and legal complexities of family law cases and works tirelessly to secure favorable outcomes in his law practice.
Whether you’re dealing with high-conflict custody battles, seeking modifications to child support or visitation, or facing difficult divorce proceedings, having problems with a toxic ex, trying to co-parent with a narcissist. Michael Capleone provides expert legal tips and topic specific information with wisdom and clarity. He is committed to ensuring that his clients’ rights are protected, and their voices are heard in the courtroom. These blogs and guides that he is creating are meant to provide simple, straightforward, helpful, and powerful practical information for people all across the United States of America and beyond.
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If you're serious about defending your rights, protecting your children, and staying one step ahead of a manipulative ex, these guides aren't just helpful — they're essential. They will save you time, reduce your stress, and help you make smarter moves when everything is on the line.
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This blog is for informational purposes only and does not constitute legal advice. Reading this post does not create an attorney-client relationship. Every case is unique—please consult with a qualified family law attorney licensed in your jurisdiction to discuss your specific situation. Also, this blog is for informational purposes only and does not constitute legal, financial, psychological, or professional advice. It does not create an attorney-client relationship or any other professional-client relationship. The information provided is not a substitute for consultation with a qualified attorney, financial advisor, tax professional, psychologist, or other expert regarding your specific situation.
