November 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Hardin County, Jennifer Miller, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (11 pages)

            Kasondra Massengale appeals the district court order awarding her and Ahmed Alibrahimy joint physical care of their two children.  OPINION HOLDS: We modify the district court’s order to give Kasondra physical care of the children and set a visitation schedule for Ahmed.  We remand for calculation of the child-support obligation based on the change in physical care. 

            Appeal from the Iowa District Court for Sioux County, Daniel P. Vakulskas, District Associate Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Badding, J.  (14 pages)

            A mother and guardian ad litem appeal the denial of the mother’s petition to terminate a father’s parental rights under Iowa Code chapter 600A (2021).  The father requests an award of appellate attorney fees.  OPINION HOLDS: Because we find termination of the father’s parental rights is in these children’s best interests, we reverse the juvenile court’s denial of the mother’s termination petition and remand for entry of an order consistent with this opinion.  We deny the father’s request for appellate attorney fees.

            Appeal from the Iowa District Court for Story County, Bethany J. Currie, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (10 pages)

            Jeremy Hiatt appeals the physical care and spousal support provisions of the parties’ dissolution decree.  Katie Hiatt requests attorney fees for this appeal.  OPINION HOLDS: We affirm the district court’s decision placing the children in Katie’s physical care and ordering Jeremy to pay $500 per month for sixty months in spousal support.  We determine Jeremy should pay Katie’s appellate attorney fees.

            Appeal from the Iowa District Court for Scott County, Korie Talkington, District Associate Judge.  REVERSED AND REMANDED.  Considered by Ahlers, P.J., and Badding and Chicchelly, JJ.  Opinion by Chicchelly, J.  (7 pages)

            The father of J.D. appeals the district court’s denial of his petition to terminate the mother’s parental rights under Iowa Code chapter 600A (2021).  OPINION HOLDS: Both the statutory grounds for abandonment and the child’s best interests support terminating the mother’s parental rights.  Accordingly, we reverse the district court’s denial of the termination petition and remand for entry of an order consistent with this opinion.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Greer, J.  (7 pages)

            Two fathers, C.M. and T.T., separately appeal the termination of their parental rights.  C.M. asserts he should have been granted a six-month extension, while T.T. asserts the State failed to prove the statutory grounds for termination.  OPINION HOLDS: Because C.M. has not demonstrated a six-month extension would have remedied the concerns preventing reunification, and because the State satisfied the statutory grounds for termination as to T.T., we affirm on both appeals. 

            Appeal from the Iowa District Court for Des Moines County, Jennifer S. Bailey, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Ahlers, JJ.  Opinion by Tabor, J.  Special Concurrence by Ahlers, J.  (12 pages)

            A mother appeals a permanency order placing guardianship of her two children with an aunt.  She argues the juvenile court abused its discretion in not admitting a report from a privately done hair test.  She also challenges the court’s denial of her request for six more months to reunify with her children.  OPINION HOLDS: Because the mother failed to lay a proper foundation for the test, the court did not abuse its discretion.  Further, we agree with the court that a guardianship is in the children’s best interests.  We affirm.  SPECIAL CONCURRENCE ASSERTS: I agree with and join the majority opinion.  I write separately to highlight how the juvenile court's thorough, articulate, and focused ruling was instrumental in convincing me that the unique circumstances of this case call for establishment of a guardianship despite the young ages of the children.

            Appeal from the Iowa District Court for Polk County, Brent Pattison, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Tabor, P.J., and Schumacher and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            A mother and father separately appeal the termination of their parental rights to two children, A.P. and S.P.  Both parents maintain reasonable efforts were not provided, termination is not in the best interests of the children, and an extension should have been granted.  The father also contends the statutory grounds are unsatisfied, an exception should be granted due to relative placement, and a guardianship should have been considered.  OPINION HOLDS: Upon our de novo review, we affirm termination of both the mother’s and father’s parental rights to both children.

            Appeal from the Iowa District Court for Cedar County, Gary P. Strausser, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (6 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS:  We find the purported bond between the mother and child is insufficient to preclude termination.  Additionally, a six-month extension of time would not rectify the need for the child to be removed from the home.  Accordingly, we affirm. 

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Schumacher, J.  (6 pages)

            A mother appeals the termination of her parental rights to three children.  OPINION HOLDS: We find clear and convincing evidence supports termination of the mother’s parental rights.  We affirm. 

            Appeal from the Iowa District Court for Linn County, Carrie K. Bryner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Tabor and Greer, JJ.  Opinion by Bower, C.J.  (7 pages)

            The father appeals the termination of his parental rights to J.L. and R.L.  He challenges the juvenile court’s findings that (1) the children could not be returned to him at the present time without risk of adjudicatory harm and (2) termination of his rights is in the best interests of the children.  OPINION HOLDS: We affirm.

            Appeal from the Iowa District Court for Jones County, Joan M. Black, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Greer, J.  (8 pages)

The mother appeals the juvenile court ruling granting the State’s request to waive reasonable efforts to reunify the mother with R.B. under Iowa Code section 232.102(12)(c) (2022).  OPINION HOLDS: Because we find clear and convincing evidence of aggravated circumstances based upon the mother’s history and her demonstrated lack of commitment to her parental role, we affirm the juvenile court’s waiver of the reasonable-efforts requirement.

            Appeal from the Iowa District Court for Woodbury County, Mary Jane Sokolovske, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Ahlers and Chicchelly, JJ.  Opinion by Ahlers, J.  (3 pages)

            A mother appeals the termination of her parental rights.  OPINION HOLDS: Because the mother only challenges one of the three statutory grounds for termination found by the juvenile court, we affirm termination of her rights under the two unchallenged grounds.