In the Interest of X.Z. and J.Z. Minor Children, E.Z., Father, E.I., Mother
16-0765
| Iowa Ct. App. | Nov 9, 2016Background
- Father petitioned to terminate mother’s parental rights to two children (ages 11 and 10) under Iowa Code chapter 600A; district court granted termination and mother appealed.
- Mother had been incarcerated (190 days) around the time of the 2013 divorce; father received physical custody per the dissolution decree.
- Mother was ordered to pay $25/week per child; she made some recent payments but remained about $2,499.63 in arrears, partly from periods when she was jailed.
- Mother maintained regular contact with the children after release until May 2015; after DHS involvement for methamphetamine exposure concerning another child, her monthly contact ceased.
- Mother argued lack of contact was due to father/stepmother not answering and preventing contact; father and relatives testified mother was inconsistent, missed visits, and failed to follow through.
- Mother had pending criminal charges, psychiatric diagnoses, stopped taking medication, and the children’s stepmother planned to adopt if termination proceeded.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mother abandoned the children under Iowa Code §600A.8(3)(b) (lack of substantial, continuous or repeated contact/support) | Father: mother failed to maintain monthly contact and substantial support; owed significant back support and ceased regular contact after May 2015 | Mother: blamed father/stepmother for lack of contact and claimed she sent texts and called on holidays; recent payment compliance shows support | Held for father: clear and convincing evidence of abandonment under §600A.8(3)(b) — economic contributions and monthly contact lacking |
| Whether termination is in children’s best interests | Father: termination serves stability; children regress when mother disappoints; stepmother provides permanency and will adopt | Mother: argued continued interest in contact and mitigating circumstances (incarceration, treatment) | Held for father: termination is in children’s best interests given mother’s instability, criminal issues, mental-health treatment noncompliance, and children’s need for stable caretakers |
| Whether incarceration excuses failure to support/contact | Father: incarceration does not excuse failure to support or maintain contact | Mother: asserted arrears largely resulted from incarceration period | Held: incarceration is not an excuse for failing to provide support or contact under precedent |
| Whether court must consider parent’s subjective intent when finding abandonment | Father: statutory standard focuses on objective acts (support/contact) not subjective intent | Mother: attempted to explain intentions and efforts to contact | Held: subjective intent not considered; focus is objective proof of contact/support under §600A.8(3)(b) |
Key Cases Cited
- In re C.A.V., 787 N.W.2d 96 (Iowa Ct. App. 2010) (standard of de novo review in chapter 600A termination appeals)
- In re G.A., 826 N.W.2d 125 (Iowa Ct. App. 2012) (appellate deference to district court factual findings, credibility)
- In re Voeltz, 271 N.W.2d 719 (Iowa 1978) (either statutory ground suffices to support termination)
- In re W.W., 826 N.W.2d 706 (Iowa Ct. App. 2012) (economic contributions are the threshold element for §600A.8(3)(b))
- In re J.L.W., 523 N.W.2d 622 (Iowa Ct. App. 1994) (incarceration does not excuse a parent’s failure to support or provide care)
- In re R.K.B., 572 N.W.2d 600 (Iowa 1998) (best-interests analysis in termination proceedings)