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Case No. 21-0007

In the Interest of D.T., Minor Child

T.B., Mother-Petitioner-Appellant

M.T., Father-Respondent-Appellee

Attorney for Appellant Mother

Andrew J. Casper

Attorney for Appellee Father

Whitney L. Gessner

Guardian ad Litem

Barry S. Mueller

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0007
Date Published:
Sep 22, 2021
Summary

            Appeal from the Iowa District Court for Allamakee County, Linnea M.N. Nicol, District Associate Judge.  AFFIRMED.  Considered by Bower, C.J., and Vaitheswaran and Schumacher, JJ.  Opinion by Vaitheswaran, J.  Dissent by Schumacher, J.  (13 pages)

            A mother appeals the denial of her petition to terminate the parental rights of her child’s father, despite the district court’s finding the father abandoned the child.  OPINION HOLDS: We affirm the district court’s conclusion that termination of the father’s parental rights was not in the child’s best interests.  DISSENT ASSERTS: Termination is in the child’s best interest.  Accordingly, I dissent from the majority opinion that determined termination was not in the child’s best interest based solely on the possibility of future financial benefits.  Accordingly, I would reverse.

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