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Case No. 21-1097

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

In the Interest of J.O., Minor Child

D.O., Father-Appellant

N.P., Mother-Appellant

Attorney for Appellant Father

Michael J. Moeller

Attorney for Appellant Mother

Jane M. Wright

Attorney for Appellee State

Ellen Ramsey-Kacena, Assistant Attorney General

Guardian ad Litem

David A. Grooters

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-1097
Date Published:
Oct 20, 2021
Summary

            Appeal from the Iowa District Court for Cerro Gordo County, Adam D. Sauer, District Associate Judge.  MOTHER’S APPEAL AFFIRMED; FATHER’S APPEAL REVERSED AND REMANDED.  Considered by Tabor, P.J., and Greer and Badding, JJ.  Opinion by Tabor, P.J.  (10 pages)

            Nichole and David separately appeal the termination of their parental rights to a three-year-old son.  Both allege that severing their legal relationship with their son is not in his best interests and ask us to reverse claiming he is in the legal custody of his maternal grandmother.  In the alternative, both parents ask for more time for reunification.  Nichole asks us to consider placing the child in a guardianship with her mother.  OPINION HOLDS: We reach different results for each parent.  We affirm termination of Nichole’s parental rights.  But we find delaying permanency for six months would provide enough time for David to meet expected behavioral changes that would eliminate the need for the child’s removal.  We reverse and remand as to David. 

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