Callender v. Skiles

623 N.W.2d 852, 2001 Iowa Sup. LEXIS 45, 2001 WL 273877
CourtSupreme Court of Iowa
DecidedMarch 21, 2001
Docket00-0069
StatusPublished
Cited by7 cases

This text of 623 N.W.2d 852 (Callender v. Skiles) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Callender v. Skiles, 623 N.W.2d 852, 2001 Iowa Sup. LEXIS 45, 2001 WL 273877 (iowa 2001).

Opinions

SNELL, Justice.

Rebecca D. Skiles, the mother of Samantha Skiles, appeals the amount of visitation of her daughter that was granted to the biological father. She argues the district court conducted an improper best interest of the child analysis. She also appeals the district court’s order mandating when to tell the child of her true lineage. On appeal, we find that the amount of visitation was proper and supported by the child’s best interest. However, we agree with the mother that the act of telling the child of her parentage should not have been ordered by the court. Accordingly, we affirm the district court’s decision as modified.

I. Factual Background and Procedure

This case involves the application of its predecessor decided by our court. Callender v. Skiles, 591 N.W.2d 182 (Iowa 1999) (Callender I). In that case, we reversed and remanded the putative father’s previously denied attempt to obtain standing to establish a relationship with his daughter. We sent the case back to the district court for a determination of whether overcoming paternity and granting visitation to the putative father was warranted. Id. at 192.

[854]*854The background described in Callender I necessary to this appeal is as follows. Charles Callender and Rebecca Sidles had an intimate relationship while Rebecca was separated from her husband, Rick Skiles. Rick and Rebecca reconciled, but not before Rebecca became pregnant with another man’s child. Rick accepted the child as his own, and the couple and their other children now live together with baby Samantha as a family. Within six months of Samantha’s birth, Charles sought to prove he was the biological father to obtain custody, visitation, and establish child support. The district court ordered that a blood test be performed, which established with a statistical certainty that Charles was Samantha’s biological father.

Charles was then allowed minimal visitation with his daughter at a neutral site. Charles became unsatisfied with this arrangement and sought greater interaction, as well as the termination of Rick Skiles’s parental rights to Samantha. Rick and Rebecca argued that Charles had no standing to challenge paternity, and the district court agreed the relevant statute did not provide Charles with the right to pursue this action.

Callender I addressed whether Charles had standing to challenge paternity. See Iowa Code ch. 600B (1997). We found that this chapter foreclosed Charles from making a challenge because he was neither an “interested” person nor the “established father.” However, this was not fatal because we held such an outcome violated Charles’s right to due process.

We remanded the case to the district court to determine if paternity should be established in Charles and if a relationship between Charles and Samantha was warranted. Our court asked the district court to ensure that: (1) Charles had not waived his right to challenge paternity; (2) Paternity could be established in Charles; and (3) A relationship between Charles and Samantha was in her best interest. Our holding was sufficiently limited in Callen-der I to standing, but we directed the „ district court where it should look for guidance on remand.

We only hold our statute must provide a procedural mechanism for claims to be brought. We leave the substantive claim of parenting for further determination under the similar standards governing the challenge of an established father, including the best interest of the child.

Callender I, 591 N.W.2d at 192 (referring to Iowa Code § 600B.41A(6)(a)(2)).

On remand, the district court terminated the parental rights of Rick. It established paternity of then four-year-old Samantha with Charles and determined a visitation schedule to begin immediately. Rebecca appeals. Specifically, she argues that the district court improperly considered factors outside the parameters of section 600B.41A. She asserts that Callender I does not authorize the use of Iowa Code section 598.41’s presumption in tandem with the factors in section 600B.41A(6)(a)(2). Rick did not appeal the disestablishment of his paternal relationship with Samantha.

II. Scope and Standard of Review

Questions of paternity are reviewed on legal error. Id. at 184. As such, we are bound by only those factual findings made by the trial court based upon substantial evidence. Iowa R.App. P. 14(f)(1). However, where our review requires us to pass judgment on the reasonableness of the court’s visitation and custody award, we utilize a de novo review. In re Marriage of Forbes, 570 N.W.2d 757, 759 (Iowa 1997); Dye v. Geiger, 554 N.W.2d 538, 539 (Iowa 1996) (“Decisions ancillary to the question of paternity, such as support, are reviewed by this court de novo.”). We need only give weight to the trial court’s factual findings, but are not bound by them. See Iowa R.App. P. 14(f)(7); In re Marriage of Weidner, 338 N.W.2d 351, 356 (Iowa 1983).

Rebecca is appealing the amount of visitation directed and the order to tell Samantha of her true father following the court’s disestablishment of paternity. Because we believe she is not challenging the [855]*855disestablishment per se, but rather the ancillary decisions from that, we will employ a de novo review.

III. Issue on Appeal

The question here concerns the best interest of a child whose biological father is not the person she knows as her father. Specifically, because Charles is now the established father, what type of relationship between Charles and Samantha is in her best interest? Callender I directed the district court to consult the factors found in section 600B .41 A(6) (a)(2) for a determination of what type of relationship is appropriate. The statutory factors include:

In determining the best interest of the child, the court shall consider all of the following:
(a) The age of the child.
(b) The length of time since the establishment of paternity.
(c) The previous relationship between the child and the established father, including but not limited to the duration and frequency of any time periods during which the child and established father resided in the same household or engaged in a parent-child relationship as defined in section 600A.2.
(d) The possibility that the child could benefit by establishing the child’s actual paternity.
(e) Additional factors which the court determines are relevant to the individual situation.

Iowa Code § 600B.41 A(6)(a)(2) (emphasis added).

This section does not purport to be exclusive in listing the factors in a best interest determination. The language of section 600B.41A(6)(a)(2)(e) authorizes the court to consider other relevant factors outside its language.

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Callender v. Skiles
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Bluebook (online)
623 N.W.2d 852, 2001 Iowa Sup. LEXIS 45, 2001 WL 273877, Counsel Stack Legal Research, https://law.counselstack.com/opinion/callender-v-skiles-iowa-2001.