In the Interest of I.M.H., Minor Child, B.E.R., Mother, J.E.J.H., Father
16-1526
| Iowa Ct. App. | May 3, 2017Background
- Child born in 2007 to unmarried parents; parents separated months after birth and child lived with mother.
- Father had intermittent contact through 2008, then only occasional texts through 2010; no meaningful contact since 2013.
- Mother filed a termination petition in 2012; juvenile court denied and this court affirmed in 2014; no contact by father after that proceeding.
- Mother filed the present termination petition in March 2016; juvenile court terminated father's parental rights for abandonment and found termination in child's best interests.
- Juvenile court found father had physical and financial ability to maintain contact but chose not to, and that mother did not actively prevent contact; father’s testimony was inconsistent.
- On de novo review, the Court of Appeals affirmed termination under Iowa Code § 600A.8(3)(b) and held termination served the child’s best interests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether father abandoned the child under Iowa Code § 600A.8(3)(b) | Mother: Father made no substantial, continuous, or repeated contact and thus abandoned the child | Father: Mother and her husband prevented/contact was impeded; he did not intend to abandon | Court: Abandonment proved by clear and convincing evidence; father had means and opportunity but made no efforts since 2013 |
| Whether termination is in the child’s best interests | Mother: Child only knows mother's husband as father; stability favors termination and adoption by husband | Father: Child would benefit from gradual reintroduction to have both biological fathers | Court: Termination is in child’s best interests given established parental role of mother’s husband and father’s past conduct |
Key Cases Cited
- In re M.M.S., 502 N.W.2d 4 (Iowa 1993) (standard that feeble contacts can show abandonment)
- In re A.H.B., 791 N.W.2d 687 (Iowa 2010) (petitioner must prove statutory ground by clear and convincing evidence and show best interests)
- In re R.K.B., 572 N.W.2d 600 (Iowa 1998) (appellate review gives weight to trial court factfindings, especially credibility)
- In re G.A., 826 N.W.2d 125 (Iowa Ct. App. 2012) (parental subjective intent does not preclude finding of abandonment)
- In re J.L.W., 523 N.W.2d 622 (Iowa Ct. App. 1994) (actions, not words, determine abandonment)
- In re B.L.A., 357 N.W.2d 20 (Iowa 1984) (affirmance may rest on any one statutory ground proven)