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Case No. 21-1225

In the Interest of A.M., Minor Child

C.M., Father-Appellant

Attorney for Appellant Father

Shannon Leighty

Attorney for Appellee State

Ellen Ramsey-Kacena, Assistant Attorney General

Guardian ad Litem

Andrew Meyer

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-1225
Date Published:
Nov 03, 2021
Summary

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by Tabor, J.  (5 pages)

            Christopher appeals the termination of his parental rights to his infant son.  He argues that the State failed to meet its burden under Iowa Code section 232.116(1)(j) (2021) because he was unlikely to be imprisoned for over five years.  Alternatively, Christopher argues that termination was not in the child’s best interests, or a permissive exception should apply.  OPINION HOLDS: Because Christopher is imprisoned for assault on his child, the five-year requirement is inapplicable, and the State presented clear and convincing evidence supporting termination.  And Christopher’s treatment toward his son and subsequent incarceration cut against his remaining arguments.  We affirm.

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