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Case No. 18-1708

In the Interest of C.K., Minor Child

T.D., Father-Appellant

Attorney for Appellant Father

Thor J. Klinker

Attorney for State

Mary A. Triick, Assistant Attorney General

Guardian ad litem

Shannon L. Sandy

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1708
Date Published:
Dec 19, 2018
Summary

            Appeal from the Iowa District Court for Dickinson County, David C. Larson, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and Mullins and Bower, JJ.  Opinion by Tabor, P.J.  (12 pages)

            A father appeals the denial of his motion to modify a dispositional order in child-in-need-of-assistance proceedings.  He contends circumstances have so materially and substantially changed that the best interests of the child require transferring custody from the mother to him.  OPINION HOLDS: Without deciding whether the “material and substantial change” test has been superseded by legislative amendment, and giving due weight to the juvenile court’s determinations of witness credibility, we conclude the father did not show evidence meeting that test.  We further find it is in the child’s best interests to remain in his mother’s custody.  Therefore, we affirm. 

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