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Case No. 21-1420

In the Interest of J.B., Minor Child

T.B., Mother-Petitioner-Appellant

C.B., Father-Respondent-Appellee

Attorney for Appellant Mother

Benjamin Folladori

Attorney for Appellee Father

Jason T. Carlstrom

Guardian ad Litem

Brittany Sandler

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-1420
Date Published:
Mar 30, 2022
Summary

            Appeal from the Iowa District Court for Polk County, Coleman McAllister, Judge.  REVERSED AND REMANDED WITH DIRECTIONS.  Considered by Tabor, P.J., Greer, J., and Potterfield, S.J.  Opinion by Potterfield, S.J.  (18 pages)

            The mother of J.B. appeals the district court’s denial of her petition to terminate the father’s parental rights under Iowa Code chapter 600A (2021).  She contends the petition should have been granted because the father abandoned J.B. within the meaning of section 600A.8(3)(b) and termination of his rights is in J.B.’s best interests.  She also maintains she should not be required to pay for the father’s appellate attorney fees.  OPINION HOLDS: Because the mother proved the father abandoned J.B. and that termination of the father’s parental rights is in J.B.’s interest, we reverse the district court’s denial of the mother’s petition and remand for entry of an order consistent with this opinion.  We conclude there are no reasonable appellate attorney fees for the mother to pay. 

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