Preview:

IN THE COURT OF APPEALS OF IOWA No. 8-680 / 08-0185 Filed December 17, 2008 IN THE MATTER OF THE GUARDIANSHIP OF CORALLEE CURPHY, MICHAEL WATTS, Father-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Polk County, Ruth B. Klotz, Associate Probate Judge.

A father appeals a district court ruling appointing another relative as permanent guardian and conservator of the child. AFFIRMED.

Melissa Nine of Kaplan & Frese, L.L.P., Marshalltown, for appellant. Elizabeth Kellner-Nelson of Pendleton Law Firm, P.C., West Des Moines, for intervenor appellee. Dawn Bowman of DeMichelis Law Firm, P.C., Chariton, for minor child.

Heard by Huitink, P.J., and Vaitheswaran and Potterfield, JJ.

2 VAITHESWARAN, J. A father appeals a district court order appointing another relative as permanent guardian and conservator of the child. We affirm. I. Background Facts and Proceedings Corallee was born in 1995 to Michael Watts and Valinda Curphy. Corallee always lived with her mother. She also lived with or was in close proximity to her mother's twin sister, Maranda. When Corallee was twelve, her mother died in a car accident. Maranda petitioned to have herself appointed Corallee's guardian and conservator. The district court appointed her temporary guardian for medical and school purposes. Michael filed a cross-application for guardianship. Following trial, the district court granted Maranda's petition. Michael appealed. II. Analysis Guardianship petitions such as this one are tried in equity and, therefore, our review is de novo. In re Guardianship of Knell, 537 N.W.2d 778, 780 (Iowa 1995). The statutory provision governing this action provides: The parents of a minor, or either of them, if qualified and suitable, shall be preferred over all others for appointment as guardian. Preference shall then be given to any person, if qualified and suitable, nominated as guardian for a minor child by a will executed by the parent having custody of a minor child, and any qualified and suitable person requested by a minor fourteen years of age or older, or by standby petition executed by a person having physical and legal custody of a minor. Subject to these preferences, the court shall appoint as guardian a qualified and suitable person who is willing to serve in that capacity. Iowa Code

Download IN THE MATTER OF THE GUARDIANSHIP OF CORALLEE CURPHY, MICHAEL WATTS, Father -

Iowa Law