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Case No. 20-1034

In the Matter of the Guardianship of L.Y.

The paternal grandparents appealed the termination of their guardianship over their grandchild, L.Y. The court of appeals reversed and remanded finding that the Iowa Minor Guardianship Proceedings Act, codified at Iowa Code chapter 232D, which governs these proceedings, does not include a parental preference. The court ultimately determined that termination of the guardianship would harm L.Y. and the harm outweighs the mother’s interest in termination.

County:
Story

G.Y. and K.Y., Guardians-Resisters

vs.

S.W., Mother-Applicant

Attorney for Resisters

Andrew B. Howie

Attorney for Applicant

Dani L. Eisentrager

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-1034
Date Published:
May 26, 2021
Summary

            Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.  REVERSED AND REMANDED.  Heard by Doyle, P.J., and Mullins and May, JJ.  Opinion by May, J.  (10 pages)

            Guardians appeal the termination of a minor guardianship.  OPINION HOLDS: Termination of the guardianship would be harmful to the child.  The harm suffered by the child outweighs the parent’s interest in terminating the guardianship.  So we reverse the juvenile court’s termination of the guardianship and remand for entry of an order reinstating the guardianship.  We do not award the parent any attorney fees.

Other Information

Date Retained:
Aug 26, 2021
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