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In the Interest of C.K., Minor Child
Attorney for Appellant Father
Thor J. Klinker
Attorney for State
Mary A. Triick, Assistant Attorney General
Guardian ad litem
Shannon L. Sandy
Court of Appeals
Court of Appeals Opinion
Appeal from the Iowa District Court for Dickinson County, David C. Larson, District Associate Judge. AFFIRMED. Considered by Tabor, P.J., and Mullins and Bower, JJ. Opinion by Tabor, P.J. (12 pages)
A father appeals the denial of his motion to modify a dispositional order in child-in-need-of-assistance proceedings. He contends circumstances have so materially and substantially changed that the best interests of the child require transferring custody from the mother to him. OPINION HOLDS: Without deciding whether the “material and substantial change” test has been superseded by legislative amendment, and giving due weight to the juvenile court’s determinations of witness credibility, we conclude the father did not show evidence meeting that test. We further find it is in the child’s best interests to remain in his mother’s custody. Therefore, we affirm.