In the Interest of K.S., Minor Child, J.S., Father, M.K., Mother, 16-1497

Background

K.S., born 2000, lived primarily with her father and stepmother after the couple’s 2005 divorce; father awarded custody and later sole discretion over mother’s visitation.
Mother has a long history of methamphetamine abuse; DHS found founded child-abuse reports in 2008 and 2012 related to her drug use and its impact on K.S.
Visitation was heavily restricted; mother last attended an official supervised visit in 2013 and thereafter engaged in sporadic, often unwanted, electronic communications with K.S., sometimes using an alias.
Mother intermittently consented to termination/adoption by the stepmother but repeatedly withdrew consent; stepmother is prepared to adopt K.S.
Father filed a private termination petition under Iowa Code chapter 600A in 2016; mother pays modest child support (~$73/month) and claims father prevented contact.
The district court terminated mother’s parental rights; the Court of Appeals affirmed, finding abandonment and that termination served the child’s best interests.

Issues

Issue	Father’s Argument	Mother’s Argument	Held
Whether statutory ground of abandonment under Iowa Code §600A.8(3) is met	Mother failed to maintain substantial, continuous contact or monthly visits since 2013; father did not prevent visits and permissibly limited them due to safety concerns from mother’s drug use	Mother argues she kept contact and financial support and that father prevented visitation	Held: Abandonment proven — mother did not meet §600A.8(3)(b) contact requirements and father did not unlawfully prevent visitation
Whether mother’s payment of child support defeats abandonment finding	Father: limited and intermittent support insufficient to show substantial contact; he can support child without it	Mother: timely support and some communication show ongoing parental relationship	Held: Support alone (modest) does not preclude abandonment under the statute
Whether termination is in child’s best interests	Father & GAL: mother’s drug use and toxic communications have harmed K.S.; stepmother ready to adopt; termination serves child’s mental health	Mother: preservation of parent-child relationship and provision of support argue against termination	Held: Termination is in K.S.’s best interests given documented emotional harm and dysfunctional relationship
Whether father improperly blocked visitation thereby negating abandonment	Father: had legal authority to limit visits (sole legal custody) and acted to protect child; offered supervised options which mother did not use	Mother: father obstructed opportunities to visit	Held: Father did not prevent visitation; restrictions were reasonable given mother’s substance abuse and behavior

Key Cases Cited

In re C.A.V., 787 N.W.2d 96 (Iowa Ct. App. 2010) (standard of review for termination under chapter 600A)
In re G.A., 826 N.W.2d 125 (Iowa Ct. App. 2012) (parental intent not required to find abandonment; reasonable visitation conditions justified)
In re B.L.A., 357 N.W.2d 20 (Iowa 1984) (private petitioner must prove statutory ground by clear and convincing evidence)
In re A.H.B., 791 N.W.2d 687 (Iowa 2010) (two-step analysis: statutory ground then child’s best interests)
In re J.L.W., 523 N.W.2d 622 (Iowa Ct. App. 1994) (actions can show intent; conduct matters in abandonment analysis)
In re P.L., 778 N.W.2d 33 (Iowa 2010) (overruled other aspects; cited for limits on prior precedent)
In re J.E., 723 N.W.2d 793 (Iowa 2006) (parent’s past behavior is indicative of future behavior in best-interests analysis)