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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:
Summary
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.
