A recently granted petition for appointment of guardian to a local prominent family filed by a non-relational Mahaska County girl was declared “void and of no effect” last month by Judge James Q. Blomgren.

The case grew out of the attempt by Ashley Evans, 16, to find new guardians other than her biological father, Robin Evans, or her stepmother, Gabby Evans. The teen girl petitioned the court for appointment of guardian in November, which was granted to Mahaska County Sheriff’s Deputy Richard Adams and or his wife Melissa.

In his ruling dated April 29 on a motion filed by the biological father to set aside guardianship, Judge Blomgren called the order granting guardianship of Ashley to the Adams’ “illegal” and a “violation of due process.”

“The order appointing the guardian in this case denied the father due process and was in violation of the United States Constitution and the Constitution of the state of Iowa,” Blomgren wrote.

Judge Blomgren said factors like the death of a parent, abandonment of the child or demonstrable harm would have allowed the appointment of a guardian.

Judge Blomgren made note of the fact that the petition for appointment of guardian and the order appointing the co-guardians were both filed on Nov. 30 and both time stamped at 9:35 a.m.

Oskaloosa attorney Randy DeGeest filed the request for voluntary guardianship of the Fremont girl to the Adams’ on Nov. 30. Judge Richard E. Meadows Jr. promptly issued an order the same day granting the Adams’ co-guardianship of the girl.

Then a series of events unfolded:

Feb. 4: Autumn Canny, acting through Attorney Steven Gardner for the father of Ashley, filed a motion to set aside guardianship. The motion filed by Canny alleges the legal parents and custodians of Ashley “did not receive notice of the Guardianship proceedings” and “Guardianship was fraudulently obtained.”

Feb. 5: DeGeest filed a resistance to the motion to set aside guardianship stating the “voluntary guardianship was properly obtained.”

Feb. 8: Judge James P. Rielly issued an order for an evidentiary hearing.

Feb. 20: DeGeest filed a second resistance, where he argues Iowa Code states that “voluntary guardians may be established by minors not under the age of 14 without further notice … and that a minor over 14 has the right to select her/his guardian subject to the approval of the Court.”

Feb. 22: A hearing was held on the motion to set aside guardianship filed by the father.

In a brief filed to support the motion to set aside guardianship, the father admits to a strained relationship with his daughter.

“The relationship between the minor child herein and her father and stepmother is strained, a fact not helped by the concealment of the child from her family by Richard and Melissa Adams,” the brief states.