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   State Courts - Iowa - February 15, 2006

  
Arguello v. Harkins, No. 5-796 / 05-0318, COURT OF APPEALS OF IOWA, February 15, 2006, Filed
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Overview: Where both parents actively parented their children and there was no indication that the father intended to deprive the mother of contact with the children, and given the mother's previous turbulence in her life, the trial court erred by placing physical care of the children with the mother, Iowa Code § 598.41(3).

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In re A.D.B., No. 6-049 / 05-2059, COURT OF APPEALS OF IOWA, February 15, 2006, Filed
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Overview: Termination of father's parental rights under Iowa Code § 232.116(1)(h) was upheld because child could not be returned to his care, as father was serving indeterminate 10-year incarcerative term, he had substantial criminal record, he conceded addiction to methamphetamine, and there was no indication that substance abuse treatment was successful.

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In re A.K., No. 6-043 / 05-1975, COURT OF APPEALS OF IOWA, February 15, 2006, Filed
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Overview: Termination of parents' parental rights was proper as the evidence showed the children could not be returned, satisfying the statutory grounds under Iowa Code § 232.116(1)(h), where the father was incarcerated and the mother had significant mental health issues and admitted to being unable to care for the children.

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In re D.A.V., No. 6-116 / 05-2061, COURT OF APPEALS OF IOWA, February 15, 2006, Filed
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Overview: Termination of mother's parental rights under Iowa Code § 232.116(1)(f) was upheld because termination was in child's best interests, as mother had many opportunities to demonstrate that she could provide for child's needs, but she was unable to maintain safe, secure, and sanitary home, and she made no progress in improving parenting skills.

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In re D.M., No. 6-051 / 05-2048, COURT OF APPEALS OF IOWA, February 15, 2006, Filed
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Overview: Clear and convincing evidence showed termination under Iowa Code § 232.116(1)(e) (2005) was appropriate where father had not seen his children for 18 months, he stated it was too much work to try to get custody of his children, he was incarcerated, and he had only spoken to his children once in the past year.

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In re D.R., No. 6-045 / 05-0416, COURT OF APPEALS OF IOWA, February 15, 2006, Filed
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Overview: The trial court properly approved the continued removal of a mother's children from her care and modified a dispositional order by transferring custody of the children to their father where the mother had little or no contact with her children, failed to follow through with recommendations and services, and lacked employment and stable housing.

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In re J.L., No. 6-054 / 05-2060, COURT OF APPEALS OF IOWA, February 15, 2006, Filed
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In re J.S.A., No. 6-040 / 05-1976, COURT OF APPEALS OF IOWA, February 15, 2006, Filed
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Overview: Father's parental rights to his son were properly terminated pursuant to Iowa Code § 232.116(1)(h) (2005), where the father had been only minimally involved in the son's life, he was incarcerated in a work release facility where his son could not live with him, and the father had not participated in family-centered services as requested.

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In re Marriage of Aronson, No. 5-915 / 05-0373, COURT OF APPEALS OF IOWA, February 15, 2006, Filed
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Overview: Monthly amount of spousal support awarded to the wife was increased to $ 900 because the parties had been married for more than 25 years, the husband had substantially greater earning capacity than the wife, who was permanently disabled, and the wife's income was limited to social security and other government benefits.

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In re Marriage of Claar, No. 5-811 / 05-0174, COURT OF APPEALS OF IOWA, February 15, 2006, Filed
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Overview: Equalization payment that a trial court ordered a husband to make to a wife in a marital dissolution action was reduced on appeal from $ 128,850 to $ 50,000 because, pursuant to Iowa Code § 598.21(1), equity required that some consideration be given to the fact that the husband brought substantial assets to the marriage, while the wife brought few.

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