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IN THE COURT OF APPEALS OF IOWA No. 2-348 / 11-1938 Filed June 13, 2012

IN THE INTEREST OF V.A.H., Minor Child, J.M.P., Mother, Petitioner, T.L.H. III, Father, Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Lee (North) County, Gary R. Noneman, District Associate Judge.

A father appeals from the order terminating his parental rights in a private termination action. AFFIRMED.

Curtis Dial of Law Office of Curtis Dial, Keokuk, for appellant. Carl A. Saunders of Saunders Law Firm, Fort Madison, for mother. Thomas Skewes of Johnson & Skewes, Fort Madison, for minor child.

Considered by Vaitheswaran, P.J., Doyle, J., and Huitink, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2011).

2 HUITINK, S.J. I. Background Facts & Proceedings. Thomas and Jennifer are the parents of a child born in March 2008. The parents were never married, but they lived together until April 2009, when the child was just over one year old. After the parties separated, when Thomas did visit the child, it was at the instigation of Jennifer. The last time Thomas had a scheduled visit was at a birthday party for the child's second birthday in March 2010.1 He gave the child a present of five dollars at that time. Thomas had not paid any other child support.2 On June 3, 2011, Jennifer filed a petition seeking to terminate Thomas 's parental rights under Iowa Code chapter 600A (2011), on the ground of abandonment. At a deposition taken on August 16, 2011, Thomas learned

Jennifer's address and telephone number. He still did not make any effort to contact her to arrange visitation with the child. A hearing was held on October 21, 2011. Jennifer testified she had

worked at the same employer since the time she and Thomas lived together. She stated Thomas would be able to locate her if he wanted to have visitation with his child. Jennifer married Austin in June 2011. Austin is interested in adopting the child. relationship. He stated he and the child have a father-daughter

There was evidence Thomas accidentally saw the child recently when Jennifer and the child were going to a cousin's house and Thomas drove by. He stopped and watched the child play. 2 Thomas's grandparents had paid a total of $290 for the support of the child.

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3 Thomas testified he wanted to have visitation with the child. He stated Jennifer moved, and he no longer knew her address. He also stated that she changed her telephone number in July 2010. He admitted he knew Jennifer was still working for the same employer. Thomas testified Jennifer was not interested in letting him have visitation with the child. The juvenile court entered an order on November 18, 2011, terminating Thomas's parental rights under section 600A.8(3) (abandonment). The court noted that the last time Thomas had a visit of any substance with the child was in March 2010. The court also noted that Thomas had not financially supported the child. The court found: It is in the best interest of [the child] that [Thomas's] parental rights be terminated. He has abandoned her. He has failed to maintain any objectively observable interest in her since March 2010. [The child] does not even recognize him as her father or as a person known to her. She has bonded with her step-father as her father figure and is fully integrated into the [step-father's] home. Thomas appeals the juvenile court order terminating his parental rights. II. Standard of Review. Termination proceedings under chapter 600A are reviewed de novo. In re R.K.B., 572 N.W.2d 600, 601 (Iowa 1998). A petition for termination of parental rights under this chapter must be established by clear and convincing proof. Iowa Code

Download IN THE INTEREST OF V.A.H., Minor Child, J.M.P., Mother, Petitioner, T.L.H. III,

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