April 2022 Archive | Court of Appeals Court Opinions

            Appeal from the Iowa District Court for Guthrie County, Richard B. Clogg, Judge.  AFFIRMED AS MODIFIED AND REMANDED.  Considered by May, P.J., Schumacher, J., and Blane, S.J.  Opinion by May, P.J.  (8 pages)

            Gus Cabrera appeals from a decree establishing custody, physical care, and visitation of his child with Stephanie Linxwiler.  He challenges legal custody, physical care, the holiday care schedule, and child support.  OPINION HOLDS: We clarify the decree to provide the parents with joint legal custody.  This family is not a candidate for joint physical care.  We provide a more specific holiday schedule.  And we agree with Gus that the district court did not use the correct income for Stephanie when calculating child support.  So we remand to the district court recalculate child support.

            Appeal from the Iowa District Court for Pocahontas County, Angela L. Doyle, Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (9 pages)

            Chad Boysen appeals the support provisions and award of attorney fees in a temporary order entered during the proceedings to dissolve his marriage to Ann Boysen.  OPINION HOLDS: The district court appropriately used the parties’ 2020 incomes in determining child support.  Based on the parties’ respective earnings and needs, as well as the district court’s credibility findings, the award of spousal support was equitable.  The award of $2500.00 in temporary attorney fees is neither unreasonable nor untenable.  But we deny both parties’ requests for appellate attorney fees.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte Renze, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (20 pages)

            The mother of three children and the father of two separately appeal the termination of their parental rights.  The mother contests the grounds for termination, asserts the court should have allowed her additional time, claims termination is not in the children’s best interests, and argues the court erred in denying her request to place all three children in a guardianship with the maternal grandparents.  The father asserts the court should have granted him additional time to seek reunification and argues termination of his rights was not necessary because his children are safe in their placement with the paternal grandparents.  OPINION HOLDS: We affirm on both appeals.

            Appeal from the Iowa District Court for Polk County, Kimberly Ayotte Renze, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Bower, C.J.  (8 pages)

            A mother and father separately appeal the termination of their parental rights.  OPINION HOLDS: The grounds for termination were established, reasonable efforts were made, an extension is not appropriate, termination is in the children’s best interests, and the parent-child bonds do not outweigh the children’s best interests.  We affirm on both appeals.

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

            A mother appeals the juvenile court order terminating her parental rights.  OPINION HOLDS: We find there is clear and convincing evidence in the record to support termination of the mother’s parental rights, termination is in the children’s best interests, and none of the exceptions to termination should be applied.  We also find an extension of time for reunification is not appropriate in this case.  We affirm the decision of the juvenile court.

            Appeal from the Iowa District Court for Polk County, Lynn C.H. Poschner, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (6 pages)

            A mother appeals the termination of her parental rights to two of her children.  She contends (1) the department of human services failed to “provide[] appropriate or meaningful reasonable efforts to reunify her with her children” and (2) termination was not in the children’s best interests.  OPINION HOLDS: On our de novo review, we agree with the district court that the department of human services satisfied its reasonable-efforts mandate and termination

            Appeal from the Iowa District Court for Cedar County, Gary P. Strausser, District Associate Judge.  REVERSED AND REMANDED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Chicchelly, J.  (5 pages)

            A guardian ad litem and the State of Iowa appeal the order denying a petition to terminate parental rights.  OPINION HOLDS: Given the children’s need for permanency, their best interests are served by terminating parental rights to allow adoption by their maternal aunt rather than placing the children in a long-term guardianship with her.

            Appeal from the Iowa District Court for Des Moines County, Emily S. Dean, District Associate Judge.  AFFIRMED ON BOTH APPEALS.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            A mother and child appeal the termination of the mother’s parental rights to the child, born in 2010.  Both contend the district court “erred in finding that an additional period of time would not correct the situation”; the State failed to prove the child could not be returned to the mother’s custody pursuant to Iowa Code section 232.116(1)(f) (2021); and termination was not in the child’s best interests.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the child.

            Appeal from the Iowa District Court for Poweshiek County, Rose Anne Mefford, District Associate Judge.  AFFIRMED.  Considered by May, P.J., Schumacher, J., and Blane, S.J.  Opinion by Blane, S.J.  (5 pages)

            A mother appeals the termination of her parental rights to two children.  OPINION HOLDS: Because termination is in the children’s best interests, and we see no reason to believe the need for removal will end following an extension, we affirm. 

            Appeal from the Iowa District Court for Floyd County, Karen Kaufman Salic, District Associate Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (11 pages)

A father appeals the termination of his parental rights to his two children, arguing the evidence was insufficient to support termination, an exception to termination should have been applied, and he should have been granted additional time to work toward reunification.  OPINION HOLDS: Finding no cause for reversal on the issues properly presented for our review, we affirm the termination of the father’s parental rights.

            Appeal from the Iowa District Court for Delaware County, Thomas J. Straka, Associate Juvenile Judge.  AFFIRMED.  Considered by Tabor, P.J., and Greer and Ahlers, JJ.  Opinion by Tabor, P.J.  (8 pages)

            A mother challenges the termination of her parental rights to her seven-year-old son.  She challenges the grounds for termination, the best-interest determination, and asks for more time to reunify.  OPINION HOLDS:  The evidence was clear and convincing, termination served the child’s best interests, and more time was unwarranted.  We affirm.

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Chicchelly, JJ.  Opinion by Vaitheswaran, J.  (4 pages)

            A mother appeals the termination of her parental rights to a child, born in 2020.  She contends (1) the department of human services failed to make reasonable efforts toward reunification; (2) termination was not in the child’s best interests; and (3) she should have been afforded an exception to termination based on her bond with the child.  OPINION HOLDS: We affirm the termination of the mother’s parental rights to the child.