In the Interest of A.F. and M.F., Minor Children, A.M., Mother, J.F., Father
16-0650
| Iowa Ct. App. | Nov 9, 2016Background
- Parents separated in 2012 after mother discovered father's prescription drug abuse; mother moved to Creston and prohibited unsupervised contact until father completed treatment and got steady employment.
- Father had very limited contact and financial support after separation — mother testified he sent only about $50 total and the children received no meaningful communication or gifts.
- Father did not travel to visit (cited lack of license), made limited attempts to contact the mother, was incarcerated in 2014 for a drug-related offense, and returned to prison after a probation violation during the termination proceedings.
- Mother filed a private termination petition under Iowa Code chapter 600A on September 1, 2015; district court terminated father’s parental rights to two children following a March 22, 2016 hearing.
- District court credited mother’s evidence, questioned father’s credibility, found mother’s visitation conditions reasonable, and concluded father had abandoned the children; appellate court reviewed de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether father abandoned children under Iowa Code § 600A.8(3) | Mother: father made only marginal support/communication and lacked continuous contact, satisfying statutory abandonment | Father: inability to visit (no license, incarceration) and mother prevented contact | Affirmed: clear and convincing evidence of abandonment (failure to support/communicate; no substantial contact) |
| Whether mother’s conditioning of visits constituted preventing contact under § 600A.8(3)(b) | Mother: conditions (treatment, employment) were reasonable given father’s substance history | Father: mother’s refusal prevented visits, so he should not be deemed to have abandoned | Held mother did not prevent contact; her conditions were reasonable and father made no effort to comply |
| Whether incarceration or incapacity excuses abandonment | Father: lack of license and incarceration made contact impossible | Mother: father’s substance abuse and choices led to incarceration; incarceration is not a justification | Held incarceration (stemming from chosen conduct) does not excuse failure to maintain relationship; father cannot rely on incarceration as justification |
| Whether father must pay mother’s appellate attorney fees | Mother: requests fees due to father’s expected post-release employment and lack of prior fee responsibility | Father: indigent; counsel appointed at state expense | Held father not required to pay mother’s appellate attorney fees under statutory scheme; father assessed appeal costs |
Key Cases Cited
- In re R.K.B., 572 N.W.2d 600 (Iowa 1998) (standard of review and best-interests requirement in termination proceedings)
- In re M.M.S., 502 N.W.2d 4 (Iowa 1993) (incarceration generally not a valid excuse for failure to maintain parent-child relationship when resulting from chosen conduct)
- In re W.W., 826 N.W.2d 706 (Iowa Ct. App. 2012) (support obligation under § 600A.8(3)(b) is independent of a court-ordered support duty)
- In re C.A.V., 787 N.W.2d 96 (Iowa Ct. App. 2010) (appellate court gives weight to district court fact findings but reviews termination de novo)
- In re G.A., 826 N.W.2d 125 (Iowa Ct. App. 2012) (conditioning visitation on drug testing/treatment does not necessarily constitute preventing contact)