In the Interest of L.H., Minor Child, S.M., Mother, J.H., Father
16-1653
| Iowa Ct. App. | Apr 5, 2017Background
- Mother (Sarah) filed a private petition under Iowa Code chapter 600A to terminate father Johnathon’s parental rights to minor L.H.; district court granted termination for abandonment and father appealed.
- L.H. born May 2013; parents cohabited briefly after birth but relationship deteriorated and father moved out when child was ~14–15 months.
- Father provided some early support and limited visitation, but stopped support payments in July 2015 and had only three short visits in 2015, with none after July 2015.
- Mother denied one requested visit (Dec. 2015) over welfare concerns; father argued this denial and alleged defective pleading/notice.
- Guardian ad litem recommended termination; mother’s fiancé Michael has acted as de facto father and intends to adopt; child does not recognize biological father.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (Father) | Held |
|---|---|---|---|
| Sufficiency of petition/notice | Petition alleged abandonment and consent; provided fair notice | Petition failed to identify specific statutory provisions | Petition was adequate; father had actual notice and contested abandonment at trial |
| Abandonment under Iowa Code ch. 600A | Father abandoned L.H. by failing to maintain substantial, continuous/repeated contact and support | Father disputed that conduct met statutory abandonment standard | Clear and convincing evidence of abandonment: stopped support July 2015, minimal visits in 2015, none after July 2015 |
| Best interests of the child | Termination serves child’s stability; child bonded to mother’s fiancé who will adopt | Small gestures/messages may support preserving relationship | Termination is in child’s best interest; child does not know father and has stable caregiving by fiancé |
| Request for appellate attorney fees | N/A (mother requested fees) | No statutory basis for fees in private termination action | Denied — no statutory authority shown for appellate fees in private termination proceeding |
Key Cases Cited
- In re C.A.V., 787 N.W.2d 96 (Iowa Ct. App.) (standard of de novo review in TPR proceedings)
- Smith v. Smith, 513 N.W.2d 728 (Iowa) (petition must give defendant fair notice of claim)
- In re Goettsche, 311 N.W.2d 104 (Iowa) (abandonment can be shown by objective failure to perform affirmative parenting)
- In re R.E., 462 N.W.2d 723 (Iowa Ct. App.) (notice to attorney is notice to client)
- In re R.K.B., 572 N.W.2d 600 (Iowa) (best-interest inquiry after statutory grounds for termination are met)