IN THE INTEREST OF C.D., Minor Child, L.D., Father, Petitioner-Appellee, S.P., Mother, Respondent-Appellant.
from the Iowa District Court for Polk County, Lawrence P.
mother appeals the district court's grant of the
father's petition to terminate her parental rights to
their minor child. AFFIRMED.
L. Knight of Carr Law Firm, PLC, Des Moines, for appellant.
Cathleen J. Siebrecht of Siebrecht Law Firm, Des Moines, for
Corwin of Corwin Law Firm LLC, Des Moines, guardian ad litem
for minor child.
Considered by Vaitheswaran, P.J., and Doyle and Mullins, JJ.
VAITHESWARAN, PRESIDING JUDGE.
father of a child petitioned to terminate the mother's
parental rights. The district court granted the petition
after finding the mother abandoned the child. See
Iowa Code § 600A.8(3) (2016). On appeal, the mother
contends the record lacks clear and convincing evidence to
support the finding and termination was not in the
child's best interests.
parent is deemed to have abandoned a child who is six months
old or older "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 the person having lawful custody of the
(3)Openly living with the child for a period of six months
within the one-year period immediately preceding the
termination of parental rights hearing and during that period
openly holding himself or herself out to be the parent of the
Id. § 600A.8(3)(b).
novo review of the record reveals the following facts. The
child was born in 2006. Pursuant to a custody decree filed in
2007, the mother obtained physical care of the child and the
father exercised regular visitation. In 2013, the decree was
modified to grant the ...