In the Interest of M.K.R., Minor Child, K.R., Mother, B.Y., Father
16-1936
| Iowa Ct. App. | Jun 7, 2017Background
- Mother petitioned under Iowa Code § 600A.8(3) (private termination) seeking to terminate father's parental rights to M.R., born 2009; district court denied the petition and mother appealed.
- Father never had meaningful contact or provided financial support to M.R.; he made intermittent attempts to contact mother/family (letters, Facebook) but no custody or child-support arrangements were established.
- Mother and her paramour Samuel raised M.R.; M.R. knows Samuel as her father; GAL reported no concerns about the child’s care and observed no apparent interest from M.R. in meeting her biological father.
- Father’s criminal history was limited (brief incarceration related to restitution/contempt); father has steady employment and no record of substance-abuse or mental-health problems in the record.
- At trial father offered Samuel’s affidavit (from an unrelated custody matter) stating mother prevented father’s involvement; affidavit admitted for limited purpose after Samuel became unavailable.
- Trial court concluded statutory abandonment grounds were not established (district court decision ambiguous), but appellate de novo review found statutory abandonment established; court nonetheless held termination was not in child’s best interests and affirmed denial.
Issues
| Issue | Plaintiff's Argument (Mother) | Defendant's Argument (Father) | Held |
|---|---|---|---|
| Whether father abandoned the child under Iowa Code § 600A.8(3) | Father made no economic contributions or sustained contact; this satisfies statutory abandonment | Father attempted contact (letters, Facebook) and was prevented by mother from developing relationship | Court (de novo): father abandoned child under § 600A.8(3) due to absence of reasonable financial support |
| Whether termination is in child’s best interests | Termination is warranted because father failed to assume parental duties and has minimal involvement | Preserving father–child relationship is in child’s interest because father has shown interest, lacks significant risk factors, and was denied opportunity by mother | Court: termination is not in M.R.’s best interests; parental relationship should be preserved |
| Admissibility of Samuel’s affidavit | Affidavit was not produced in discovery, not relevant, and violated right to cross-examination | Affidavit is probative of mother’s interference and should be admitted; testimony was limited and Samuel was available but later unavailable | Court: affidavit admitted for limited purpose (paragraph showing mother prevented father’s access); admission proper in equitable termination proceeding |
| Standard and scope of review | (procedural) Mother seeks de novo review of statutory and best-interest determinations | Appellate court performs de novo review but defers to credibility findings as appropriate | Appellate court applied de novo review, affirmed denial of termination despite finding statutory ground met |
Key Cases Cited
- In re C.A.V., 787 N.W.2d 96 (Iowa 2010) (de novo review of termination proceedings)
- In re G.A., 826 N.W.2d 125 (Iowa Ct. App. 2012) (deference to district court credibility in termination review)
- In re B.L.A., 357 N.W.2d 20 (Iowa 1984) (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 best interests)
- In re J.L.W., 523 N.W.2d 622 (Iowa Ct. App. 1994) (abandonment determined by conduct; actions speak louder than words)
- In re W.W., 826 N.W.2d 706 (Iowa Ct. App. 2012) (economic contributions are predicate element under § 600A.8(3))
- In re R.K.B., 572 N.W.2d 600 (Iowa 1998) (best-interest inquiry includes long-range and immediate interests and past performance)
- In re Lewis, 257 N.W.2d 505 (Iowa 1977) (parental right to family integrity unless forfeited by conduct)
- Harter v. State, 149 N.W.2d 827 (Iowa 1967) (in equity matters evidence admissibility evaluated for probative value)
- In re Estate of Evjen, 448 N.W.2d 23 (Iowa 1989) (objected evidence in equity cases may be admitted subject to objection)
- In re E.J.R., 400 N.W.2d 531 (Iowa 1987) (hearsay admissible in termination hearings)
- In re H.R.K., 433 N.W.2d 46 (Iowa Ct. App. 1988) (evidence ordinarily excluded under rules of evidence may be admitted in termination proceedings and weighed for probative value)