This text of Iowa § 232D.204 (Guardianship without parental consent) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1. The court may appoint a guardian for a minor without the consent of the parent or
parents having legal custody of the minor if the court finds by clear and convincing evidence
all of the following:
a. There is a person serving as a de facto guardian of the minor.
b. Therehasbeenademonstratedlackofconsistentparentalparticipationinthelifeofthe
minor by the parent. In determining whether a parent has demonstrated a lack of consistent
participation in the minor’s life, the court may consider all of the following:
(1)The intent of the parent in placing the custody, care, and supervision of the minor with
the person petitioning as a de facto guardian and the facts and circumstances regarding such
placement.
(2)The amount of communication and visitation of the parent with the minor during th
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1. The court may appoint a guardian for a minor without the consent of the parent or
parents having legal custody of the minor if the court finds by clear and convincing evidence
all of the following:
a. There is a person serving as a de facto guardian of the minor.
b. Therehasbeenademonstratedlackofconsistentparentalparticipationinthelifeofthe
minor by the parent. In determining whether a parent has demonstrated a lack of consistent
participation in the minor’s life, the court may consider all of the following:
(1) The intent of the parent in placing the custody, care, and supervision of the minor with
the person petitioning as a de facto guardian and the facts and circumstances regarding such
placement.
(2) The amount of communication and visitation of the parent with the minor during the
alleged de facto guardianship.
(3) Any refusal of the parent to comply with conditions for retaining custody of the minor
set forth in any previous court orders.
2. The court may appoint a guardian for a minor without the consent of the parent or
parents having legal custody of the minor if the court finds by clear and convincing evidence
all of the following:
a. No parent having legal custody of the minor is willing or able to exercise the power the
court will grant to the guardian if the court appoints a guardian.
b. Appointment of a guardian for the minor is in the best interest of the minor.
3. Prior to granting a petition for guardianship, the court shall consider whether the filing
of a child in need of assistance petition is appropriate under section 232.87. If the court
determines a child in need of assistance petition is not appropriate, the court shall make
findings of why a child in need of assistance petition is not appropriate.
4. A proceeding under this section shall not create a new eligibility category for the
department of health and human services protective services.