IN THE INTEREST OF C.A., Minor Child, A.P., Mother, Petitioner-Appellee B.A., Father, Respondent-Appellant.
from the Iowa District Court for Delaware County, Thomas J.
Straka, Associate Juvenile Judge.
father appeals the termination of his parental rights to his
R. Gonzales of Law Firm of Cory R. Gonzales P.L.L.C.,
Strawberry Point, for appellant father.
M. Vorwald of Ehrhardt, Gnagy, McCorkindale & Vorwald,
Elkader, for appellee mother.
P.J., and Potterfield and Mullins, JJ.
father's parental rights to his son, C.A., born 2012,
were terminated under Iowa Code section 600A.8(3) (2016)
after C.A.'s mother filed a petition for termination of
parental rights. The father asserts both a lack of proof he
abandoned his son and that termination is not in the
child's best interests. On our de novo review, the mother
carried her burden of proof on both issues, and we affirm the
district court's ruling. In re R.K.B., 572
N.W.2d 600, 601 (Iowa 1998).
Grounds for Termination under Iowa Code section
father claims the mother failed to prove he abandoned C.A. as
provided in Iowa Code section 600A.8(3). That section
provides in relevant part:
3. The parent has abandoned the child. For the purposes of
this subsection, a parent is deemed to have abandoned a child
. . . .
b. If the child is six months of age or older when the
termination hearing is held, a parent is deemed to have
abandoned the child unless the parent maintains substantial
and continuous or repeated contact with the child as
demonstrated by contribution toward support of the child of a
reasonable amount, according to the parent's means, and
as demonstrated by any of the following:
(1) Visiting the child at least monthly when physically and
financially able to do so and when not prevented from doing
so by the person having lawful custody of the child.
(2)Regular communication with the child or with the person
having the care or custody of the child, when physically and
financially unable to visit the child or when prevented from
visiting the child by ...