Legal Question in Family Law in Iowa

Custody...How can I get custody of my grand 5 yo. nephew( I'm his only relative here.) from his father when his father is mentally retarded and Schizophrenic ( He quit taking his medication.) I have called the DHS case worker on numerous occasions leaving messages that I have recorded, voicing my concerns. The Police have been notified and have arrested him again for driving without a license, but they won't do anything just let him go. My 5 yo. grand nephew just got out of a CINA proceeding last fall where the court erroneously gave custody of him back to his father. Just the other day his father forgot that the bus was going to drop my grand nephew off from pre-school and left home. The bus driver dropped my grand nephew off and left with no one to watch him and the door to the house locked.

Since they just moved into this house, they don't know any of the neighbors but according to my grand nephew 2 men from across the street came over and told them their names and said they weren't strangers. I've also learned that an older man 2 doors away might be a sex offender. I know that the police here in Washington Iowa won't do anything as they are not allowed to arrest anyone for child endangerment. When they caught my nephew in law driving drunk with my grand nephew in the front seat unrestrained all the gave him was a dui. and DHS took him away for 2 weeks then gave him back to his father without doing a through investigation. Then he was put into CINA after his father left him in a public park with a complete stranger while he went to the store down the street and was gone for at least 45 minutes. After 2 years in CINA the court gave custody back to the father because as his custodian I chose to push my court appointed attorney to file a motion to have cousin's intervention vacated for lying on their intervention. ( They said they were his Aunt and Uncle and that they were involved since the beginning. Both Lies.) My court appointed Attorney sent me an e-mail that there are people involved in this case that are think of taking custody away from me. The bus driver who went to pick up my grand nephew in the park used to be a police officer here and is also on the Iowa Child Advocacy Board. He never called the police but did let DHS know which is why my grand nephew was taken away and put in CINA in the first place. But there is a blank on the court records from DHS as to why he was taken away. His father is a danger to my grand nephew and I can't get DHS or the police here to do anything.


Asked on 5/03/14, 12:42 pm

1 Answer from Attorneys

Robert Luedeman solo practitioner

Please reduce this to two or three lines and state it as a legal question.

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Answered on 5/05/14, 6:39 am


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