854 N.W.2d 699
Iowa Ct. App.2013Background
- Child R.S. born in Georgia (2004); parents William (father) and Sarah (mother). Sarah and R.S. moved to Iowa in Jan 2006. William later incarcerated in Florida for murder.
- Grandmother Linda (William’s mother, Georgia resident) obtained a Georgia grandparent-visitation order on Sept 14, 2006; visits occurred until late 2009.
- Linda registered the Georgia order in Iowa (Dec 29, 2009) and filed to enforce it in Story County (Apr 19, 2010). Sarah filed for dissolution (Oct 27, 2009) and to terminate William’s parental rights (Feb 5, 2010); matters consolidated.
- Iowa district court terminated William’s parental rights (Oct 8, 2010) and gave Sarah sole legal custody; the dissolution decree did not provide visitation to Linda.
- After termination, Linda sought enforcement of the Georgia order; Sarah moved for summary judgment arguing termination of the father’s rights eliminated Linda’s enforceable visitation/standing and that Iowa had authority to modify the Georgia order under the UCCJEA/PKPA.
- District court granted summary judgment for Sarah, finding Linda lacked standing and her previously held visitation rights were cut off by the father’s termination; this appeal follows.
Issues
| Issue | Plaintiff's Argument (Linda) | Defendant's Argument (Sarah) | Held |
|---|---|---|---|
| Whether Linda should have been allowed to intervene in the termination action | Linda: allowed to intervene to protect grandparent visitation interests | Sarah: intervention not permitted; issue not preserved | Court: denial of intervention not appealed and now moot |
| Whether Iowa had jurisdiction to modify/supersede the Georgia grandparent-visitation order under PKPA/UCCJEA | Linda: Georgia was the child’s home state when order entered; only Georgia may alter/terminate that order; Iowa must only enforce it | Sarah: Iowa is now child’s home state; Georgia no longer has continuing jurisdiction; Iowa may modify/supersede under UCCJEA/PKPA | Court: Iowa had jurisdiction under UCCJEA and PKPA to modify/supersede the Georgia order; affirmed summary judgment |
| Whether termination of the father’s parental rights eliminated Linda’s enforceable visitation and standing | Linda: contends Georgia order remains enforceable and Iowa must respect it under full faith and credit principles | Sarah: termination of William’s parental rights cut off any enforceable grandparent visitation rights; Linda lacks standing | Court: Linda failed to challenge this dispositive basis on appeal (waived) and district court correctly found Linda lacked enforceable visitation/standing after termination |
Key Cases Cited
- Freedom Fin. Bank v. Estate of Boesen, 805 N.W.2d 802 (Iowa 2011) (standard of review for summary judgment in equity)
- In re B.B., 826 N.W.2d 425 (Iowa 2013) (mootness doctrine)
- Meade v. Meade, 812 F.2d 1473 (4th Cir. 1987) (PKPA limits modification by second state and requires proper initial jurisdiction)
- Evans v. Evans, 668 F. Supp. 639 (M.D. Tenn. 1987) (PKPA enforces interstate custody determinations)
- Bergmann v. McCullough, 461 S.E.2d 544 (Ga. Ct. App. 1995) (PKPA jurisdictional framework applied to interstate custody)
- State v. Mandicino, 509 N.W.2d 481 (Iowa 1993) (distinction between subject-matter jurisdiction and authority to decide a particular controversy)