1. The filing of a petition pursuant to section 633.557 shall be served upon a minor
respondent in the manner of an original notice in accordance with the Iowa rules of civil
procedure governing such notice. Notice to the attorney representing the minor, if any, is
notice to the minor.
2. Notice shall also be served upon the known parent or parents listed in the petition in
accordance with the Iowa rules of civil procedure.
3. Notice shall be served upon other known persons listed in the petition in the manner
prescribed by the court, which may be notice by mail in accordance with the Iowa rules of civil
procedure. Failure of such persons to receive actual notice does not constitute a jurisdictional
defect precluding the appointment of a conservator by the court.
4. Notice of the filing of a petition given to persons under subsections 2 and 3 shall include
a statement that the recipient of the notice may register to receive notice of the hearing on
the petition and other proceedings and the manner of such registration.
2019 Acts, ch 57, §16, 43, 44
Referred to in §633.570
Service of original notice, R.C.P. 1.302 – 1.315
Former §633.559 repealed effective January 1, 2020, by 2019 Acts, ch 56, §43, 44 and 2019 Acts, ch 57, §41, 43
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Notes of Decisions
In Re Guardianship & Conservatorship of Ankeney, 360 N.W.2d 733 (Iowa 1985).
· cites it 4× “" Iowa Code § 633.559 (1983). This rebuttable preference accorded the natural parents gives way to the welfare and best interests of the child, however; and we have refused custody to the natural parent.”
Matter of Guardianship of Stewart, 369 N.W.2d 820 (Iowa 1985).
· cites it 4× “The rebuttable presumption favoring the natural parents [Iowa Code section 633.559] applies in this case. The burden was on Larry and Helen Shepard to establish that the best interest of Angela required their [guardianship] of her be continued.”
Ernst v. Grap, 799 N.W.2d 549 (Iowa Ct. App. 2011).
· cites it 6× “” Iowa Code § 633.559 . Mary reverses this statutory sequence by asserting Gary is both unqualified and unsuitable as a parent, thereby attempting to rebut the preference for a natural parent to serve as a guardian under Iowa *552 Code section 633.”
In Re Guardianship of Knell, 537 N.W.2d 778 (Iowa 1995).
· cites it 4× “" Iowa Code § 633.559 . However, the parental preference is rebuttable.”
Halstead Ex Rel. Lee v. Halstead, 144 N.W.2d 861 (Iowa 1966).
· cites it 4× “2, (section 633.559 Iowa Probate Code) which say a surviving parent becomes the natural guardian of his minor children and entitled to their custody do not provide for an absolute right in the parent but only a presumptive right which must give way where it has been relinquished…”
Patten Ex Rel. Patten v. Patrick, 276 N.W.2d 390 (Iowa 1979).
· cites it 4× “In the hearing the burden was on Roberta to prove her appointment as guardian was in the best interest of Patrick in view of the rebuttable preference accorded the natural parent, Larry, under section 633.”
Northland v. McNamara, 581 N.W.2d 210 (Iowa Ct. App. 1998).
· cites it 4× “1997)(citing Iowa Code § 633.559 ). The law raises a strong presumption that the child’s welfare will be best served in the care and control of its natural parents.”
In re the Guardianship of M.D., 797 N.W.2d 121 (Iowa Ct. App. 2011).
· cites it 2× “Iowa Code section 633.559 creates a presumptive preference in guardianship cases: “[T]he parents of a minor, or either of them, if qualified and suitable, shall be preferred over all others for appointment as guardian.”
In Re the Guardianship & Conservatorship of Sams, 256 N.W.2d 570 (Iowa 1977).
· cites it 2× “Slater denies the issue was child custody, and he asserts Connie was limited to proving his appointment should be terminated because the guardianship and conservatorship was “no longer necessary” as provided in § 633.”
In Re the Guardianship & Conservatorship of D.D.H., 538 N.W.2d 881 (Iowa Ct. App. 1995).
· cites it 4× “559 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…”
Doan Thi Hoang Anh v. Nelson, 245 N.W.2d 511 (Iowa 1976).
· cites it 2× “In addition to careful study of the facts we are here required to weigh and apply several different legal propositions.”
In Re the Interest of Rohde, 503 N.W.2d 881 (Iowa Ct. App. 1993).
· cites it 4× “Iowa Code § 633.559 (1991). The mere showing that Craig and Carla received assistance from the Lillys is not sufficient to overcome the presumption in favor of natural parents.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.