In the Interest of C.H., Minor Child, C.W., Mother, B.H., Father
16-0926
Iowa Ct. App.Dec 21, 2016Background
- Mother petitioned under Iowa Code chapter 600A to terminate the father’s parental rights to child C.H.; district court denied and dismissed the petition; mother appealed.
- At the termination hearing the father had paid only court-ordered support of $10/month and made no other financial contributions despite being employed.
- The issue raised under Iowa Code §600A.8(3)(b) centered on whether the father maintained "substantial and continuous or repeated contact," with economic support as the threshold.
- The GAL recommended dismissal, noting the father’s sincere desire to be involved and that visitation would not diminish the mother’s family relationship with the child.
- Evidence showed the father’s long-term girlfriend (and her children) and the paternal grandmother provide supportive relationships and the father acknowledged the need to gradually reintroduce himself to the child.
Issues
| Issue | Mother’s Argument | Father’s Argument | Held |
|---|---|---|---|
| Whether father abandoned the child under §600A.8(3)(b) (financial/contact element) | Father’s minimal support ($10/month) and lack of other contributions constitute abandonment | Father maintains the $10/month support and claims willingness to have contact and visitation | Court: Father deemed to have abandoned the child based on meager financial contribution; no need to reach contact prongs |
| Whether termination is in child’s best interests | Mother: termination is warranted after abandonment | Father: termination not in child’s best interests; seeks to reestablish relationship; extended family support exists | Court: Termination would not be in the child’s best interests; deny and dismiss petition |
| Weight to give GAL recommendation | GAL recommended dismissal based on father’s sincerity and ability to parent | Father relies on GAL and family support; Mother argues GAL shouldn’t override abandonment finding | Court: Gave weight to GAL’s recommendation and father’s apparent sincerity in assessing best interests |
| Role of extended family support in custody/termination decision | Mother downplays extended family’s role | Father emphasizes paternal grandmother and girlfriend’s family as support network for the child | Court: Extended family support favored preserving father’s parental rights and influenced best-interests determination |
Key Cases Cited
- In re C.A.V., 787 N.W.2d 96 (Iowa Ct. App. 2010) (standard of de novo review in chapter 600A termination proceedings)
- In re G.A., 826 N.W.2d 125 (Iowa Ct. App. 2012) (deference to district court factual and credibility findings)
- In re W.W., 826 N.W.2d 706 (Iowa Ct. App. 2012) (economic contributions are the predicate threshold for §600A.8(3)(b))
- In re R.K.B., 572 N.W.2d 600 (Iowa 1998) (best-interests standard in parental-termination context)
- Dale v. Pearson, 555 N.W.2d 243 (Iowa Ct. App. 1996) (importance of extended-family support in custody determinations)