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Case No. 17-1481

In re the Matter of the Guardianship of M.I.D., Minor Child

Korey Isaac Davis, Petitioner-Appellant

Bryon Oines and Pamela Oines, Respondents-Appellees

Attorney for Appellant

Tara S. Vonnahme

Attorney for Appellees

Lindsey Buchheit

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 07, 2018

           Appeal from the Iowa District Court for Woodbury County, Jeffrey A. Neary, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.  Opinion by Mullins, J.  (14 pages)

           A father, Korey, appeals the denial of his petition to terminate guardianship of his minor child.  He contends that he has the fundamental right to parent his child and there is a statutory parental preference for a child’s placement.  He argues his parental preference was not overcome and the reason for the guardianship no longer exists.  Korey further contends the court erred in giving weight to the guardian ad litem and therapist’s evidence.  Both Korey and the guardians seek appellate attorney fees.  OPINION HOLDS: We find Korey’s parental presumption has been rebutted and it is in the child’s best interests for the guardianship to continue and for the child to remain in the guardians’ custody.  We affirm the district court’s order denying Korey’s petition to terminate the guardianship.  We decline to award appellate attorney fees.

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