Opinion
No. 4-882 / 04-1108
Filed January 13, 2005
Appeal from the Iowa District Court for Black Hawk County, Daniel L. Block, Associate Juvenile Judge.
A father appeals the termination of his parental rights to his child. AFFIRMED.
Andrew Abbott of Funakey Klatt, P.C., Waterloo, for appellant-father.
Carter Stevens of Roberts, Stevens Lekar, P.L.C., Waterloo, for appellee-mother.
Sara Kersenbrock of Kersenbrock Law Office, Waterloo, for minor child.
Considered by Vogel, P.J., and Miller and Eisenhauer, JJ.
A father appeals the termination of his parental rights to his child following a contested termination hearing held pursuant to Iowa Code section 600A.7 (2003). He contends the court erred in concluding termination was appropriate under sections 600A.8(4)(b) and (5) for lack of payment of child support and abandonment. We review his claims de novo. In re R.K.B., 572 N.W.2d 600, 601 (Iowa 1998).
C.J.O. was married to W.L.H. when their child, E.L.O., was born in April 1996. C.J.O. and W.L.H. divorced in December 1997. They were granted joint legal custody of E.L.O. with W.L.H. having primary physical care. C.J.O. was ordered to pay child support and was granted visitation with the child. C.J.O. last paid child support on April 23, 2001. His last visit with E.L.O. was in May or June of 2001.
W.L.H. remarried in June 2002. She filed a petition to terminate C.J.O.'s parental rights to E.L.O. in December 2003. Hearing was held in March and June 2004. The district court found C.J.O. had abandoned the child based on his failure to maintain a substantial and continuous or repeated contact with E.L.O., had failed, without good cause, to pay support for the child as ordered, and it was in the child's best interest to terminate C.J.O.'s parental rights.
The court may terminate parental rights where "[a] parent has been ordered to contribute to the support of the child or financially aid in the child's birth and has failed to do so without good cause." Iowa Code § 600A.8(5). C.J.O. contends he had good cause to fail to pay his child support obligation because he did not have the resources to pay child support.
The legislature intended termination for nonsupport to occur where a parent's failure to pay manifests indifference to the child and therefore is akin to abandonment. Klobnock v. Abbott, 303 N.W.2d 149, 152 (Iowa 1981). Here, we conclude termination is warranted under section 600A.8(5). In the three years leading up to the termination hearing, C.J.O failed to make any child support payments. Although C.J.O contends he was unable to make these payments, the evidence presented at trial show he was working during this time periodand was physically capable of earning income.
During the same period, C.J.O. failed to engage in any visitation with E.L.O., or to provide her with Christmas or birthday presents. C.J.O. contends his ex-wife took affirmative steps to distance C.J.O. from his daughter. Specifically, she failed to give him her new address after moving. The evidence presented at trial shows C.J.O. was aware of W.L.H.'s remarriage. W.L.H.'s phone number is listed in the telephone book. C.J.O.'s mother and grandmother knew W.L.H.'s phone number and address. C.J.O. also complains W.L.H. removed E.L.O. from daycare with C.J.O.'s grandmother and failed to involve him in major decisions or to keep him apprised of E.L.O.'s well-being. However, none of these allegations excuses C.J.O.'s failure to pay support for his child. See Klobnock, 303 N.W.2d at 152-53 (holding an ex-spouse's failure to allow visitation is not good cause to withhold support payments). Accordingly, we affirm the district court's termination of C.J.O.'s parental rights to E.L.O. pursuant to section 600A.8(5).
On appeal, when one ground for termination has been proven, it is unnecessary to consider whether termination under additional grounds is warranted. In re C.M.W., 503 N.W.2d 874, 876 (Iowa Ct. App. 1993). Therefore, we need not consider whether termination was appropriate under section 606A.8(4)(b).