Opinion
No. 13–0945.
2014-02-19
In the Matter of the GUARDIANSHIP and Conservatorship OF J.M.M. and A.D.M., Joseph and Shirley Cox, Temporary Guardians and Conservators, Appellants.
Our supreme court has long held in cases involving grandparents and a natural parent, “as always, the primary consideration is the best interest of the child and if the return of custody to the [parent] is likely to have a seriously disrupting and disturbing effect upon the child's development, this fact must prevail.” Painter v. Bannister, 140 N.W.2d 152, 156 (Iowa 1966). Here, the mother essentially abandoned the children but has now made significant life changes and has stepped forward to assume parental responsibilities. She seeks a second chance and appears capable of the responsibilities. During the temporary proceedings in this action, the mother made efforts to re-unite with the children. The children have suffered from the loss of their father and will be required to face adjustment no matter the outcome of this proceeding. There is a mutual bond between the grandparents and the children that appears to be a positive force in the children's lives. Efforts to foster the relationship with the grandparents are in the children's best interests. I concur only because of the parental preference prescribed by our law.