Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re K.B.

Court of Appeals of Iowa

August 2, 2017

IN THE INTEREST OF K.B., Minor Child, A.L., Mother, Petitioner-Appellant, K.B., Father, Respondent-Appellee.

         Appeal from the Iowa District Court for Story County, Stephen A. Owen, District Associate Judge.

         A mother appeals the dismissal of her petition to terminate the parental rights of a child's father under Iowa Code chapter 600A (2016).

          Dorothy L. Dakin of Kruse & Dakin, L.L.P., Boone, for appellant mother.

          Andrea M. Flanagan of Sporer & Flanagan, P.L.L.C., Des Moines, for appellee father.

          Considered by Vaitheswaran, P.J., and Tabor and Mullins, JJ.

          VAITHESWARAN, Presiding Judge.

         A mother appeals the dismissal of her petition to terminate the parental rights of a child's father.

         I. Background Facts and Proceedings

         Kelly Beaman and Ashley Lindstrom married in 2006 and divorced in 2008. They are the parents of a child born in 2005. Under the dissolution decree, Lindstrom received sole legal custody and physical care of the child. The decree stated, Beaman "shall be awarded reasonable visitation as the parties may agree" and "[i]f the parties are unable to agree, visitation shall be" pursuant to a prescribed schedule.[1] Beaman was ordered to pay $200 per month in child support beginning July 1, 2008, and furnish health insurance for the child "provided it [was] available through his employment at a reasonable cost."

         Following entry of the decree, Beaman exercised overnight, unsupervised visitation with the child. During one of the visits, hot cocoa spilled on the child's pelvic area and burned her. The child was diagnosed with second-degree burns and the matter was referred to the department of human services for investigation. According to Lindstrom, the department issued a "founded" child abuse report against Beaman for failure to provide "proper care" but declined to place him on the child abuse registry.

         Beaman's visits with the child ended for several years. Beaman blamed Lindstrom, testifying she said he would "never see" the child again. Lindstrom, in contrast, stated Beaman "wanted supervised" visitation, but "he never followed through with it." Lindstrom did not seek a modification of the dissolution decree's visitation provisions, and Beaman made no immediate effort to enforce his rights under the decree.

         In 2014, Beaman's soon-to-be wife contacted Lindstrom about recommencing visits. Lindstrom denied the request. She also rejected Beaman's subsequent offer to have the child added to his family's health insurance policy.

         In early 2016, Beaman's wife again asked Lindstrom if they could see the child. Lindstrom again denied the request. Beaman sought to resolve the issue informally, through counsel. Lindstrom responded with a termination petition, alleging Beaman abandoned the child. When Beaman was unable ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.