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   State Courts - Iowa - February 1, 2006

  
In re Marriage of Pecharsky, No. 5-917 / 05-0542, COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Appellate court held that the trial court did not abuse its discretion under Iowa Code § 598.21(3) in denying a wife's request for alimony as the wife had an advanced degree in chemistry, had the opportunity to make more money than her current income level, and was seven years younger than the husband.

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In re Marriage of Ratliff, No. 5-899 / 05-0981, COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: District court's property division was equitable in all respects, pursuant to Iowa Code § 598.21(1) (2003), except for the fact that the wife had retained one colt that was not accounted for on her inventory; because she retained that colt, the decree was modified to reduce the husband's payment to her by half the estimated value of the colt.

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In re Petition of Gaede, No. 5-924 / 05-0891, COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Appellate court affirmed a trial court order that placed the parties' child with the mother because it was in the child's best interests under Iowa R. Civ. P. 6.14(6)(o) and Iowa Code § 598.41(5)(a) that the father's request for joint custody be denied, as the parties lived in different counties and the father had been abusive to the mother.

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In re Prop. Seized from Utsler, No. 5-938 / 04-1860, COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Court affirmed a forfeiture ruling where appellant's failure to participate in the forfeiture hearing was the result of his counsel's unfortunate assumption that a continuance would be granted and where the State's evidence tended to prove that each item seized was forfeitable under Iowa Code chapter 809A (2003).

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In the Interest of A.C.-A., No. 6-038 / 05-1737, COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Termination of parental rights of mother and father under Iowa Code § 232.116 was upheld because termination was in the children's best interests, as both parents had a history of drug use, including regular use of cocaine and methamphetamine, and there was no question that the drug addictions of the parents adversely affected the children.

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In the Interest of E.C.P., No. 5-971 / 05-1114, COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Order finding that respondent was seriously mentally impaired, as defined in Iowa Code § 229.1(16), was upheld, as respondent suffered from a delusional disorder, there was evidence that she was reluctant to take the prescribed amount of medication for her condition, and she had made a recent overt threat to injure her husband and his attorney.

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In the Interest of J.D., No. 6-039 / 05-1822, COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: The termination of the mother's parental rights pursuant to Iowa Code § 232.116(1)(d) and (f) was appropriate where clear and convincing evidence showed that the children could not be returned to their mother's care. Although it appeared that she ceased using drugs, she was still unable to provide proper housing, care and supervision.

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In the Interest of N.F.A., No. 5-927 / 05-1127, COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Termination of the father's parental rights under Iowa Code § 600A.8(3) was affirmed because the father failed to maintain regular, sustained contact with his children and had not lived with them for any period of time for several years.

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In the Interest of T.L., No. 6-003 / 05-1615, COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: Order terminating mother's parental rights under Iowa Code § 232.116(1)(e) and (h) was upheld because services offered were reasonable, as delay in services was not due to inaction by State, and there was no evidence that in-home services provider would have done anything differently if he had known the exact level of the mother's mental capacity.

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In the Marriage of Gederjahn, No. 5-898 / 05-0707, COURT OF APPEALS OF IOWA, February 1, 2006, Filed
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Overview: District court erred in granting a husband's motion for special visitation with his minor children where he had only sent the wife a copy of the motion via regular mail, which did not comply with the Iowa rules of civil procedure on service; although district court erred, wife was not entitled to make-up visitation.

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