In the Interest of G.A.
2012 Iowa App. LEXIS 1057
| Iowa Ct. App. | 2012Background
- G.A. (born March 2006) is the child of the parties; mother has had sole physical custody since they ended their relationship in 2007.
- Father has a criminal history, including meth manufacture, drug use, and pending federal firearm charges.
- Father’s last visit occurred January 2009; subsequent contact with G.A. was sporadic and often non-existent.
- Mother proposed a visitation condition requiring the father to show a clean drug test in 2010; he did not comply.
- Mother filed a petition to terminate the father’s parental rights in February 2011; juvenile court terminated on April 12, 2012.
- The court found abandonment under Iowa Code 600A.8(3) based on lack of substantial and continuous contact.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the father abandoned G.A. under 600A.8(3). | Father argues lack of contact was caused by mother's actions. | Mother contends father failed to maintain substantial and continuous contact. | Yes; abandonment proven; termination affirmed. |
| Whether termination is in G.A.’s best interests. | Father claims termination is not in child’s best interests. | Mother argues termination serves child’s best interests given lack of relationship and stepfather's role. | Yes; termination in child’s best interests. |
Key Cases Cited
- In re R.K.B., 572 N.W.2d 600 (Iowa 1998) (de novo review; best interests paramount)
- In re C.A.V., 787 N.W.2d 96 (Iowa Ct.App.2010) (subjective intent must be supported by acts; abandonment standards)
- In re Goettsche, 311 N.W.2d 104 (Iowa 1981) (affirmative parenting required where feasible)
- In re J.L.W., 523 N.W.2d 622 (Iowa Ct.App.1994) (parent responsible for own acts; cannot use fear as justification)
- In re T.N.M., 542 N.W.2d 574 (Iowa Ct.App.1995) (distinction between 600A and 232 termination actions)