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   State Courts - Iowa - June 27, 2007

  
In re Marriage of Ginsberg, No. 7-318 / 06-0615, COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: Court erred in finding decretal court intended husband to pay debt owed to former father-in-law as decree was clear that parties relinquished right to litigate issues regarding "the disputed debt"; wife's application was thus barred by claim preclusion due to her concession in original decree to allow any specifics of the debt to remain "disputed."

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In re Marriage of Huls, No. 7-326 / 06-1160, COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: Case was remanded to the district court because the trial court applied the wrong standard and acted illegally, when the district court did not apply the reasonable-doubt standard, but rather found clear and convincing evidence to support the husband's contempt action against the wife.

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In re Marriage of Jimenez, No. 7-287 / 06-1449, COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: In a child custody matter, decree was modified, pursuant to Iowa Code § 598.41(1), to allow father to have child when mother worked on weekends, in addition to alternate weekends. Modification was done, in part, because mother appeared to be more concerned that child develop relationship with stepfather than in fostering relationship with father.

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In re Marriage of Lowry, No. 7-296 / 06-1890, COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: Court did not err in denying husband's request for joint legal custody of children in marital dissolution action where actions admitted to by the husband were sufficient to meet definition of domestic abuse assault in Iowa Code § 708.1(2); under Iowa Code § 598.41(2)(c), unrebutted history outweighed any other factor concerning awarding of custody.

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In re Marriage of Riessen, No. 7-338 / 06-1879, COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: Order awarding physical custody of parties' child to husband in a marital dissolution action was upheld where trial court was convinced that if wife was awarded physical care of the child, she would refuse to foster any meaningful relationship between the child and the husband; it was in the child's best interests pursuant to Iowa Code § 598.41(3).

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In re Marriage of Warnick, No. 7-295 / 06-1881, COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: In a dissolution proceeding, joint physical care of the children was inappropriate because of the distance between the parties and the alleged domestic abuse the husband inflicted on the wife and children; the wife was properly granted physical care under Iowa Code § 598.41(3) because, inter alia, she had been the primary caretaker of the children.

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In the Interest of C.V., No. 7-422 / 07-0783, COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: Clear and convincing evidence supported decision granting state's petition to terminate parental rights under Iowa Code Ann. § 232.116(1)(d) and (f) because the circumstances that led to a child in need of assistance adjudication continued despite a mother's receipt of numerous services and she continued to struggle with anger management problems.

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In the Interest of E.J.H., No. 7-417 / 07-0784, COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: An order adjudicating a child as a Child In Need of Assistance pursuant to Iowa Code § 232.2(6)(c)(2) was upheld where the record demonstrated a cycle of the mother's cooperation with the Iowa Department of Human Services (DHS) and her ability to alleviate immediate concerns, but only when she was compelled to do so.

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In the Interest of M.F., No. 7-416 / 07-0676, COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: Termination of mother's parental rights was proper under Iowa Code § 232.116(1)(f) because children could not be returned to her custody, as she struggled with homelessness and substance abuse, suffered from physical maladies and mental health issues, and did not sufficiently comply with services. Termination was also in children's best interests.

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In the Interest of M.M.C., No. 7-291 / 06-1675, COURT OF APPEALS OF IOWA, June 27, 2007, Filed
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Overview: A mother proved by clear and convincing evidence that a father abandoned the child under Iowa Code § 600A.8 because, when the father was not imprisoned, he only occasionally visited the child, and then only for a few hours; the father had not visited the child in the two years preceding the termination hearing.

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