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Case No. 23-1102

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:
Jan 24, 2024

            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. 

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