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Case No. 18-1922

In the Interest of J.R., D.R., and H.R., Minor Children

R.J.R., Father-Appellant

Attorney for Appellant Father

Blake D. Lubinus

Attorney for Appellee State

Mary A. Triick, Assistant Attorney General

Guardian ad litem

M. Kathryn Miller

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Feb 20, 2019

            Appeal from the Iowa District Court for Warren County, Kevin Parker, District Associate Judge.  AFFIRMED. Considered by Vogel, C.J., and Vaitheswaran and Tabor, JJ.  Opinion by Vaitheswaran, J.  (7 pages)

            A father appeals a permanency order placing his two children in a guardianship, raising claims of ineffective assistance of counsel and a lack of clear and convincing evidence in the record to support the ruling.  Additionally, he alleges the district court erred by prematurely entering its dispositional order and also by denying his motion to enlarge and amend its findings and conclusions.  OPINION HOLDS: On our de novo review, we conclude the district court appropriately transferred guardianship and custody of the children to the relative.  The father failed to appeal the dispositional order and thereby waived any claim of error.  To the extent the father’s motion to enlarge addressed issues not raised on appeal, those issues have also been waived.  As to the ineffective-assistance claim, the father cannot prove prejudice.

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