In the Interest of K.J.S., Minor Child, C.S., Mother v. M.F., Father, 16-1246

Background

Michael (father) and Cassie (mother) share one child, K.J.S. (b. 2008); custody stipulation (2010) gave Cassie physical care and Michael alternating weekend visitation.
Michael was largely absent from December 2012 to Feb 2016 after drug-related arrests and convictions; he failed substance-abuse treatment and tested positive for methamphetamine shortly before the termination hearing.
Child-support history is delinquent: contempt findings, suspended jail sentence imposed and later ordered served, roughly $4,000 in arrears at time of hearing.
Michael had minimal contact with K.J.S. for ~3.5 years; brief reappearance at a November 2015 family gathering, followed by limited outreach (holiday cards and text requests for visitation in Feb–Mar 2016) that did not produce in-person visits.
Cassie offered limited, supervised, neutral-location reintroduction given Michael’s criminal/substance background; Michael insisted on weekend visitation and did not accept the limited proposals.
Juvenile court terminated Michael’s parental rights under Iowa Code § 600A.8(3)(b) (abandonment) and (4) (failure to pay support), denied a day-of-hearing continuance; Michael appeals.

Issues

Issue	Cassie (plaintiff/appellee) Argument	Michael (defendant/appellant) Argument	Held
Whether Michael abandoned K.J.S. under Iowa Code § 600A.8(3)(b)	Michael abandoned the child by failing to provide substantial contact or support for years	Cassie prevented contact; his Feb–Mar 2016 texts and cards show attempts to reestablish contact	Held: Abandonment proven—Michael failed monthly visits; Cassie did not prevent reasonable visitation and her reintroduction terms were reasonable
Whether failure to pay child support without good cause under § 600A.8(4) justified termination	Michael’s irregular payments and contempt history show failure to fulfill financial obligations	Michael argued payments/means and other efforts mitigated culpability	Held: Court upheld termination on abandonment ground; noted payments likely insufficient but abandonment alone supports termination
Whether termination is in child’s best interests	K.J.S.’s stability with mother and her husband, minimal father-child relationship, and father’s instability favor termination	Michael argues renewed resolve to resume parental role shows ability to assume duties	Held: Termination is in best interests—father failed to assume parental duties and relationship no longer exists in fact
Whether denial of day-of-hearing continuance was an abuse of discretion	Continuance unnecessary; father’s counsel was present and opposed; prior continuance already granted	Michael said his ride fell through and he could not attend; denial was unfair	Held: No abuse—father had prior continuance, short notice, could have arranged alternatives, denial reasonable

Key Cases Cited

In re A.B., 815 N.W.2d 764 (Iowa 2012) (appellate preservation and termination procedure principles)
In re R.K.B., 572 N.W.2d 600 (Iowa 1998) (de novo review standard for chapter 600A proceedings)
In re G.A., 826 N.W.2d 125 (Iowa Ct. App. 2012) (custodian’s reasonable protective conditions and limited reintroduction after long absence)
Jack v. P & A Farms, Ltd., 822 N.W.2d 511 (Iowa 2012) (counsel’s presence can satisfy participation where parent is absent)
In re B.L.A., 357 N.W.2d 20 (Iowa 1984) (terminations upheld if any ground established by clear and convincing evidence)
In re W.W., 826 N.W.2d 706 (Iowa Ct. App. 2012) (evaluating sufficiency of financial contributions under abandonment statute)
In re C.W., 554 N.W.2d 279 (Iowa Ct. App. 1996) (standard for reviewing denial of continuance)
In re Marriage of Schettler, 455 N.W.2d 686 (Iowa Ct. App. 1990) (waiver by failing to seek default relief)