Title: Iowa: Court of Appeals Affirms the Juvenile Court’s Decision Giving Custody to Father. BY: Tina S.

Link for Opinion: http://scholar.google.com/scholar_case?case=11350725687861011904&q=In+re+T.D.E.,+796+N.W.2d+447&hl=en&as_sdt=2,50

The Iowa Court of Appeals held In re TDE, 796 NW 2d 447 (2011) that the father, Justin, did acknowledge paternity within a reasonable amount of time and therefore, had shared custody with the mother, Trista. Since Justin had shared custody before the involvement of the Department of Human Services (DHA), the juvenile court was right to allow Justin to retain legal custody.

The child in question was born October 2008. Justin learned of the child in December 2008. Justin visited his child at Christmas and even moved to the same city. Justin provided financial support to Trista, visited his child frequently and began overnight visits when his child was 10 months old. Justin name appears on the birth certificate and he began paying regular child support payments.

In 2008, Trista was charged with child endangerment and driving under the influence of marijuana with her minor brother in the vehicle. Trista was provided services by DHS and this case was closed without involvement of the juvenile court. In 2009, DHS investigated allegations Trista was using marijuana and methamphetamines on a daily basis in front of her child. Trista and Justin agreed their child would stay with him pending the drug test results, in which she tested positive for both drugs. Their child also tested positive for methamphetamines. The juvenile court transferred physical custody to Justin and gave supervised visitation to Trista.

Trista was ordered to live in a halfway house where she sought substance abuse treatment and provided clean drug tests. Trista was found to be in the presence of drugs through a male visitor. It was then decided custody of the child would remain with Justin. Trista continued to have occasional setbacks, but did improve her situation by obtaining an apartment and employment. She continued to improve my attending weekly meetings, stopped using drugs and ended her involvement with the men she was hanging out with, who had criminal histories.

It was then learned Trista was 5 months pregnant by one man who had a criminal history of attempted murder and drug related matters. Trista was informed by DHS the man could have no contact with her child. The juvenile court entered a permanency order in December 2010.  The child was thriving and doing well in Justin’s custody and Trista had yet to fulfill her expectations to regain custody; therefore, the court allowed physical custody to remain with Justin.