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Case No. 20-0620

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

In the Interest of K.S., Minor Child

A.S., Father-Appellant

Attorney for Appellant Father

Gina E.V. Burress

Attorney for Appellee State

Mary A. Triick, Assistant Attorney General

Guardian ad Litem

Michael Sorci


Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Aug 05, 2020

            Appeal from the Iowa District Court for Polk County, Susan Cox, District Associate Judge.  AFFIRMED.  Considered by Tabor, P.J., and May and Greer, JJ.  Opinion by Tabor, P.J.  (9 pages)

            A father, Antonio, challenges the termination of his parental relationship to K.S.  Antonio has not maintained a significant relationship with K.S., and he is currently incarcerated.  Antonio argues that because the record does not show K.S. is opposed to being reunited with him upon his release from prison, his parental rights should be preserved.  Next, Antonio contends that terminating his parental rights is not in K.S.’s best interests.  Last, Antonio argues that terminating his parental rights is unnecessary because K.S. is in the care of an aunt.  OPINION HOLDS: Because Antonio and K.S. are virtually strangers, it would be unsound to interpret the son’s lack of opposition as an affirmative desire to wait for his father to be available as a parent.  Next, because. K.S. has become integrated into his aunt’s family and has permanency in a safe and nurturing home, we find it in K.S.’s best interest to terminate Antonio’s parental rights.  Last, because legal custody has remained with the DHS and not with the aunt, Iowa Code § 232.116(3)(a) does not apply. 

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