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Case No. 17-1559

For summaries from opinions prior to August, 2018, view PDF versions here

In the Matter of the Guardianship of D.B., L.B., and A.B.

James A. Kernes and Cheryl Ann Kirk, Petitioners-Appellees

Edward Paul Bunch, Jr., Respondent-Appellant

Attorney for Appellant

Karen A. Taylor

Attorney for Appellees

Robyn C. Huss

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Sep 12, 2018

           Appeal from the Iowa District Court for Hamilton County, Timothy J. Finn, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Bower and McDonald, JJ.  Opinion by Bower, J. Dissent by McDonald, J. (14 pages)

            A father, Edward, appeals the district court’s appointment of guardians for three of his children following the death of the custodial mother.  OPINION HOLDS: We find substantial evidence in the record supports the district court’s determination that a guardianship is warranted and the appointment of guardians.  DISSENT ASSERTS: The nonparent guardians failed to rebut the presumption favoring placement with the biological parent.  The district court erred in viewing the nonparent guardians and biological father as holding equal interests in the children.  The father has demonstrated an ability to parent the children by maintaining a relationship with them and providing them with financial support.  His past criminal history does not impair his ability to parent in the present; and post incarceration, the father rehabilitated himself.

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