Iowa Code » Chapter 232D — MINOR GUARDIANSHIPS
Iowa Code

Iowa Code § 232D.204 (2026)

Guardianship without parental consent

✓ current as of July 2026
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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. There has been a demonstrated lack of consistent parental participation in the life of the 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. 2019 Acts, ch 56, §10, 44, 45; 2023 Acts, ch 19, §652 Referred to in §232D.503\n\n 232D.205 through 232D.300 Reserved.\n\n SUBCHAPTER III ESTABLISHING GUARDIANSHIPS \n

Notes of Decisions
Cited in 18 cases (17 in the last 5 years), 2020–2026 · leading case: In the Matter of the Guardianship of J.M., Minor Child (Iowa Ct. App. 2021).
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In the Matter of the Guardianship of J.M., Minor Child (Iowa Ct. App. 2021). · cites it 47× “meeting her burden of proof under section 232D.204(1), as discussed later in this opinion.”
In the Matter of the Guardianship of O.C. (Iowa Ct. App. 2026). · cites it 21× “under Iowa Code section 232D.204 (2024). The mother appeals.”
In the Interest of the Guardianship of P.M. (Iowa Ct. App. 2021). · cites it 20× “5 Iowa Code § 232D.204. The aunt contends she proved the elements necessary to establish a guardianship under both section 232D.”
In re Guardianship of G.B. (Iowa Ct. App. 2024). · cites it 18× “203 and one to be used when the guardianship was established without parental consent under section 232D.204. See In re Guardianship of E.”
In re the Guardianship of K.W., a Minor. (Iowa Ct. App. 2025). · cites it 13× “Iowa Code § 232D.204(2). Evidence reaches the level of “clear and convincing” when the fact finder has no serious or substantial doubts about the conclusions of law derived from the evidence.”
In the Matter of the Guardianship of L.Y. (Iowa 2022). · cites it 10× “See Iowa Code § 232D.204. It doesn’t make sense that we would require clear and convincing evidence to show a guardianship should be established or continued for guardianships of minor children without parental consent, yet we would require a lesser standard of proof to show a…”
In the Matter of the Guardianship of L.Y. (Iowa 2022). · cites it 10× “See Iowa Code § 232D.204. It doesn’t make sense that we would require clear and convincing evidence to show a guardianship should be established or continued for guardianships of minor children without parental consent, yet we would require a lesser standard of proof to show a…”
In the Matter of the Guardianship of S.P.-G. (Iowa Ct. App. 2020). · cites it 8× “It provides: The court shall terminate a guardianship established pursuant to section 232D.204 if the court finds that the basis for the guardianship set forth in section 232D.”
In the Matter of the Guardianship of J.W. (Iowa 2023). · cites it 8× “” See Iowa Code § 232D.204 (2020). Not only was Mother van Cleaf’s former client, he (and his law partner) had represented her in previous custody disputes involving her children— including the child over which he now seeks to be named the guardian.”
In re Guardianship of E.B. (Iowa Ct. App. 2023). · cites it 7× “Having determined the guardianship was established under section 232D.204, we apply the criteria in section 232D.”
In the Matter of the Guardianship of E.D. & J.C. (Iowa Ct. App. 2025). · cites it 7× “2 Although the court’s judgment appointed the guardians “pursuant to Iowa Code 232D.204(1) and (2),” in its conclusions of law, the court stated: “[T]he court has two alternatives where it may grant a petition.”
In the Matter of the Guardianship of B.B. (Iowa Ct. App. 2022). · cites it 6× “The juvenile court found the requirements of Iowa Code section 232D.204(1) (2020) were proved by clear and convincing evidence: M.”
Show all 18 citing cases →
— Iowa Code § 232D.204(1) — 10 cases
In the Matter of the Guardianship of J.M., Minor Child (Iowa Ct. App. 2021). “meeting her burden of proof under section 232D.204(1), as discussed later in this opinion.”
In the Interest of the Guardianship of P.M. (Iowa Ct. App. 2021). “5 Iowa Code § 232D.204. The aunt contends she proved the elements necessary to establish a guardianship under both section 232D.”
In the Matter of the Guardianship of E.D. & J.C. (Iowa Ct. App. 2025). “2 Although the court’s judgment appointed the guardians “pursuant to Iowa Code 232D.204(1) and (2),” in its conclusions of law, the court stated: “[T]he court has two alternatives where it may grant a petition.”
In the Matter of the Guardianship of B.B. (Iowa Ct. App. 2022). “The juvenile court found the requirements of Iowa Code section 232D.204(1) (2020) were proved by clear and convincing evidence: M.”
In re Guardianship of E.B. (Iowa Ct. App. 2023). “Having determined the guardianship was established under section 232D.204, we apply the criteria in section 232D.”
— Iowa Code § 232D.204(1)(a) — 3 cases
In the Matter of the Guardianship of J.M., Minor Child (Iowa Ct. App. 2021). “meeting her burden of proof under section 232D.204(1), as discussed later in this opinion.”
In re Guardianship of G.B. (Iowa Ct. App. 2024). “203 and one to be used when the guardianship was established without parental consent under section 232D.204. See In re Guardianship of E.”
In the Matter of the Guardianship of E.D. & J.C. (Iowa Ct. App. 2025). “2 Although the court’s judgment appointed the guardians “pursuant to Iowa Code 232D.204(1) and (2),” in its conclusions of law, the court stated: “[T]he court has two alternatives where it may grant a petition.”
— Iowa Code § 232D.204(1)(b) — 5 cases
In the Matter of the Guardianship of J.M., Minor Child (Iowa Ct. App. 2021). “meeting her burden of proof under section 232D.204(1), as discussed later in this opinion.”
In the Matter of the Guardianship of B.B. (Iowa Ct. App. 2022). “The juvenile court found the requirements of Iowa Code section 232D.204(1) (2020) were proved by clear and convincing evidence: M.”
In re Guardianship of L.W. (Iowa Ct. App. 2024).
In the Interest of the Guardianship of P.M. (Iowa Ct. App. 2021). “5 Iowa Code § 232D.204. The aunt contends she proved the elements necessary to establish a guardianship under both section 232D.”
In re Guardianship of G.B. (Iowa Ct. App. 2024). “203 and one to be used when the guardianship was established without parental consent under section 232D.204. See In re Guardianship of E.”
— Iowa Code § 232D.204(1)(b)(1) — 1 case
In the Matter of the Guardianship of J.M., Minor Child (Iowa Ct. App. 2021). “meeting her burden of proof under section 232D.204(1), as discussed later in this opinion.”
— Iowa Code § 232D.204(1)(b)(2) — 1 case
In the Matter of the Guardianship of J.W. (Iowa 2023). “” See Iowa Code § 232D.204 (2020). Not only was Mother van Cleaf’s former client, he (and his law partner) had represented her in previous custody disputes involving her children— including the child over which he now seeks to be named the guardian.”
— Iowa Code § 232D.204(2) — 7 cases
In the Matter of the Guardianship of O.C. (Iowa Ct. App. 2026). “under Iowa Code section 232D.204 (2024). The mother appeals.”
In re the Guardianship of K.W., a Minor. (Iowa Ct. App. 2025). “Iowa Code § 232D.204(2). Evidence reaches the level of “clear and convincing” when the fact finder has no serious or substantial doubts about the conclusions of law derived from the evidence.”
In the Interest of the Guardianship of P.M. (Iowa Ct. App. 2021). “5 Iowa Code § 232D.204. The aunt contends she proved the elements necessary to establish a guardianship under both section 232D.”
In re Guardianship of K.E. (Iowa Ct. App. 2024).
In the Matter of the Guardianship of J.M., Minor Child (Iowa Ct. App. 2021). “meeting her burden of proof under section 232D.204(1), as discussed later in this opinion.”
— Iowa Code § 232D.204(2)(a) — 5 cases
In re the Guardianship of K.W., a Minor. (Iowa Ct. App. 2025). “Iowa Code § 232D.204(2). Evidence reaches the level of “clear and convincing” when the fact finder has no serious or substantial doubts about the conclusions of law derived from the evidence.”
In the Matter of the Guardianship of O.C. (Iowa Ct. App. 2026). “under Iowa Code section 232D.204 (2024). The mother appeals.”
In the Interest of the Guardianship of P.M. (Iowa Ct. App. 2021). “5 Iowa Code § 232D.204. The aunt contends she proved the elements necessary to establish a guardianship under both section 232D.”
In re Guardianship of G.B. (Iowa Ct. App. 2024). “203 and one to be used when the guardianship was established without parental consent under section 232D.204. See In re Guardianship of E.”
In re Guardianship of L.W. (Iowa Ct. App. 2024).
— Iowa Code § 232D.204(2)(b) — 1 case
In the Matter of the Guardianship of O.C. (Iowa Ct. App. 2026). “under Iowa Code section 232D.204 (2024). The mother appeals.”
— Iowa Code § 232D.204(3) — 2 cases
In the Matter of the Guardianship of J.M., Minor Child (Iowa Ct. App. 2021). “meeting her burden of proof under section 232D.204(1), as discussed later in this opinion.”
In re the Guardianship of K.W., a Minor. (Iowa Ct. App. 2025). “Iowa Code § 232D.204(2). Evidence reaches the level of “clear and convincing” when the fact finder has no serious or substantial doubts about the conclusions of law derived from the evidence.”
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