In the Interest of G.A.

826 N.W.2d 125, 2012 Iowa App. LEXIS 1057, 2012 WL 6194185
CourtCourt of Appeals of Iowa
DecidedDecember 12, 2012
DocketNo. 12-0871
StatusPublished
Cited by117 cases

This text of 826 N.W.2d 125 (In the Interest of G.A.) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Interest of G.A., 826 N.W.2d 125, 2012 Iowa App. LEXIS 1057, 2012 WL 6194185 (iowactapp 2012).

Opinion

MULLINS, J.

A father appeals the termination of his parental rights under Iowa Code section 600A.8(3) (2011). While the father does not dispute that he failed to maintain regular contact with the child, he contends termination was inappropriate because the mother prevented visitation, and termination is not in the child’s best interests. We affirm.

I. Background Facts & Proceedings

The parties have one child together, G.A. (born March 2006). On or about [126]*126February 1, 2007, the parties ended their two-year relationship and stopped living together. Since then, G.A. has been in the mother’s sole physical care.

At some point in 2007, the mother began a relationship with her present husband. The mother and G.A. moved into his home in March 2009. He is willing to adopt G.A. pending the outcome of the termination proceedings.

The father has an extensive criminal history, including a conviction for the manufacture of methamphetamine. During his relationship with the mother and while living with G.A., the father used drugs, including methamphetamine and marijuana. At the time of these proceedings, the father had been indicted on federal criminal charges for possessing a firearm as a felon and was facing eight to ten years in prison, if convicted.

The last time the father visited G.A. was in January 2009. At that time the father arrived at the mother’s home unannounced at four o’clock in the morning. The mother thought he was “really drunk.” The mother testified, “He was bouncing all over the house, kept trying to blare music, and wanted me to wake up and hang out with him.” Meanwhile, G.A. was sleeping. The father called a friend for a ride home. G.A. woke up before the father left, so the father took G.A. and left the house with the friend. The mother attempted repeated telephone calls to the father to make sure G.A. was safe. The father finally returned her calls when he was in Fort Dodge with G.A.’s paternal grandmother. Although the father was scheduled to work that night, he told the mother he would call in sick and requested to have G.A. spend the night. The mother consented. However, she subsequently learned that the father went to work that night at a local bar and left G.A. in the care of a woman whom she had never met. The mother immediately drove to pick up G.A.

The father’s next contact with G.A. was in the spring of 2009 while he retrieved personal belongings from the mother’s home. He arrived at the mother’s home with a friend. He did not visit with G.A. beyond the time it took to load his belongings into his friend’s vehicle. The mother testified that G.A. was sad after the visit.

The father contacted the mother in September 2009 and requested a visit with G.A. The mother replied, “[It has] been a really long time and the last time you saw [G.A., the visit did not] go very well, so you need to call. You need to ask how [G.A. is] doing.” The father did not call G.A.

In September 2009, the mother began documenting text messages from the father. Since that time, the father sent occasional text messages to the mother. In April 2010, the mother texted the father, noting that he was falling behind on his child support, and asked, “[d]o you want to terminate your parental rights?” Almost five weeks later, on May 10, 2010, he responded asking to see his daughter. That same day several text messages were exchanged. The mother requested the father start communication with G.A. slowly, suggesting he place a phone call to G.A. He did not initiate a call to G.A. or the mother, or take any further steps to make contact with G.A. at that time. At trial, the mother testified she placed this condition on visitation because the father had not seen G.A. in over a year before that visitation request.

On October 4, 2010, he texted the mother asking to see G.A., and added “or do [I] have to file papers for supervised visits to start[?]” The next day they exchanged texts during which mother requested the father provide a clean drug test, either urine or hair follicle, before exercising visi[127]*127tation. He never complied with that request, nor did he initiate any other efforts to visit or communicate with G.A. at that time.

On February 11, 2011, the mother filed a petition to terminate the father’s parental rights. The mother alleged grounds for termination based on the father’s failure to provide child support, abandonment, and consent.

In August 2011, the father filed a petition for establishment of custody, visitation, and child support. The court stayed his petition pending the outcome of these proceedings. The father made no other overtures for contact with G.A.

On March 2, 2012, the juvenile court held a hearing on the mother’s petition to terminate the father’s parental rights. The juvenile court found the father did not consent to termination and had provided adequate financial support. However, the juvenile court also found

[T]he parent must not only contribute to the support of the child, but maintain a relationship with the child. Even if the father is deemed to have substantially paid the appropriate amount of support for [G.A.], he has completely failed in his obligations to maintain substantial and continuous or repeated contact with [G.A.] It is undisputed that he has not lived openly with the child at any time within the last one year period. It is also undisputed that he failed to visit the child at least monthly or that he failed to have regular communication with [G.A.] or even with the mother. Both parents live in the same area. The father made no claims that he was physically or financially unable to visit or communicate.

On April 12, 2012, the court found the father abandoned G.A., and ordered termination of the father’s parental rights under section 600A.8(3). The father appeals the juvenile court’s decision.

Additional facts will be developed below.

II. Standard of Review

We review private termination proceedings de novo. In re R.K.B., 572 N.W.2d 600, 601 (Iowa 1998). We give deference to the factual findings of the juvenile court, especially those relating to witness credibility, but we are not bound by those determinations. Id. Our primary concern in termination proceedings is the best interests of the child. Iowa Code § 600A.1; R.K.B., 572 N.W.2d at 601.

III. Analysis

A. Abandonment

Iowa Code chapter 600A provides the exclusive means by which parental rights shall be terminated for a minor child who is neither subject to the Iowa Indian Child Welfare Act, nor subject to termination pursuant to chapter 232.1 Iowa Code [128]*128§§ 600A.3, 600A.5(2). We start our analysis with an examination of the relevant portions of the code sections that are applicable to this case.

Iowa Code section 600A.1 explains that the best interests of the child are paramount and outlines the factors a court should consider to determine whether a parent has affirmatively assumed the duties of parenthood:

This chapter shall be construed liberally.

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Cite This Page — Counsel Stack

Bluebook (online)
826 N.W.2d 125, 2012 Iowa App. LEXIS 1057, 2012 WL 6194185, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-ga-iowactapp-2012.