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LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37683
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Our grandchild is under a china act by the court and has

Customer Question

our grandchild is under a china act by the court and has been placed in a residential center. as grandparents we have had a good relationship with her and her parents. the judge for the court did not have any problems with our having visitation with grandchild. however, the dhs case worker has stated that we may see her but not let her stay overnight. what can we do
Submitted: 1 year ago.
Category: Family Law
Expert:  LawTalk replied 1 year ago.
Good afternoon,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
Under the Iowa CINA act, the court controls the movements of the child and in this case has appointed DHS to oversee the welfare of the child, and based on that charge from the court, the DHS has full authority to limit visitation as it sees as being in the best interests of the child.
This has nothing to do with you, and I suspect the reasoning behind it is because the DHS simply wants the start of each day and the end of each day for your grandchild to occur at the residential center---which has been tasked with the immediate care and welfare of your grandchild.
You could petition the court for overnight visits, but in my expectation, the judge will probably defer to the DHS and residential center and what they think is best for your grandchild.
I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.
If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.
Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.
Thank you in advance. I wish you the best ion your future,