For summaries from opinions prior to August, 2018, view PDF versions here.
In the Matter of the Guardianship of A.K. and J.K.
B.M. and J.M., Appellants
Attorney for Appellants
Alexander S. Momany
Attorney for Appellee
Robert W. Davison
Attorney for Minor Children
Robin O'Brien Licht
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Benton County, Cynthia Finley, District Associate Judge. AFFIRMED. Considered by Bower, C.J., and Buller and Langholz, JJ. Opinion by Langholz, J. (12 pages)
An aunt and uncle who were appointed guardians of two nieces with the consent of the parents under Iowa Code section 232D.203 (2020) appeal the termination of the guardianships after the mother withdrew her consent. OPINION HOLDS: The district court applied the correct legal standard under the statute and precedent governing termination of voluntary guardianships. And on our de novo review, giving the court’s thoughtful factual findings the weight they deserve, we agree that the guardians have not shown by clear and convincing evidence that terminating the guardianships would cause the girls physical harm or significant, long-term emotional harm sufficient to carry their burden under the rigorous harm standard.