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IN INTEREST OF N.M.

No. 91-1371.

491 N.W.2d 153 (1992)

In the Interest of N.M., J.M. and R.M., Minor Children, State of Iowa, Appellant, B.M., Mother, Appellee, D.M., Father.

Supreme Court of Iowa.

September 23, 1992.

Attorney(s) appearing for the Case

Bonnie J. Campbell, Atty. Gen., John M. Parmeter, Sp. Asst. Atty. Gen., and Judy Sheirbon, Asst. Atty. Gen., for appellant.

Mary K. Hoefer of the Mears Law Office, Iowa City, for appellee.

James E. Claypool, Williamsburg, guardian ad litem for minor children.

Ronald L. Saylor, Williamsburg, for the father.

Considered by McGIVERIN, C.J., and LARSON, SCHULTZ, NEUMAN, and ANDREASEN, JJ.

SCHULTZ, Justice.

The principal issue on this appeal is whether the parental rights of one parent can be terminated pursuant to Iowa Code section 232.116(1)(d)1 when the child is in the custody of the other parent. Following trial, the juvenile referee refused to terminate the mother's parental rights to three of her children because they had been placed in the custody of their father. The court of appeals affirmed. As we disagree, we...

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