In the Interest of N.J., Minor Child
J.J., Father- Appellant,
M.H., Mother- Appellant.
Attorney for Appellant Father
Ryan J. Mitchell
Attorney for Appellant Mother
Sarah Wenke
Attorney for Appellee State
Tamara Knight, Assistant Attorney General
Guardian ad Litem
Julie R. De Vries
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Davis County, Richelle Mahaffey, Judge. AFFIRMED ON BOTH APPEALS. Considered without oral argument by Chicchelly, P.J., and Buller and Langholz, JJ. Opinion by Langholz, J. (13 pages)
A mother and father both appeal the termination of their parental rights to their son. OPINION HOLDS: We have appellate jurisdiction over the mother’s appeal despite her delay in filing the notice of appeal with the district court clerk. The State proved a statutory ground for termination under Iowa Code section 232.116(1)(h) because the son could not be safely returned to the father’s custody—and the mother does not challenge that ground. Termination is in the best interest of the son—any detriment from severing the parent-child bond does not outweigh the benefit from the son staying in his loving home with his grandmother and sibling. And given the son’s young age and the mother’s lack of sustained progress, a guardianship is not the best choice for the son’s safety and stability. We thus affirm the termination of both parents’ parental rights.
