Opinion
No. 5-686 / 05-1304
Filed October 26, 2005
Appeal from the Iowa District Court for Clinton County, Arlen J. Van Zee, District Associate Judge.
Paul appeals the termination of his parental rights. AFFIRMED.
J. David Zimmerman, Clinton, for appellant-father.
Thomas J. Miller, Attorney General, Kathrine S. Miller-Todd, Assistant Attorney General, Michael L. Wolf, County Attorney, and Ross Barlow, Assistant County Attorney, for Appellee.
A. John Frey of Frey, Haufe Current, P.L.C., Clinton, guardian ad litem for the children.
Considered by Huitink, P.J., and Hecht and Vaitheswaran, JJ.
Paul appeals the termination of his parental rights to Victoria, born in 1990, Christopher, born in 1991, Michael, born in 1992, and Crystal, born in 1993. He contends (1) the record lacks clear and convincing evidence to support the juvenile court's conclusion that he abandoned his children, and (2) the court need not have terminated his parental rights because the children were in the care of a "relative."
1.
Parental rights may be terminated where the State proves that a parent abandoned a child. Iowa Code § 232.116(1)(b) (2005). We find it unnecessary to address this ground for termination, as the district court cited additional grounds for termination that Paul does not challenge. Accordingly, we affirm the termination of his parental rights on those alternate grounds. See In re A.J., 553 N.W.2d 909, 911 (Iowa Ct.App. 1996).
2.
Even if a statutory ground for termination is established, a court may defer termination of a parent's rights when the children are placed with a relative. Iowa Code § 232.116(3). As the district court noted, this provision is permissive, not mandatory.
At the time of the termination hearing, the children were in the care of a distant cousin of their maternal grandmother. Assuming this person could be construed as a relative, we agree with the district court that deferral of termination was not warranted.
The children were out of Paul's care for more than a decade. They lived in the State of Washington while Paul remained in Iowa. During that time, they had negligible in-person contact with their father and infrequent telephone contact. Although they knew Paul was their father, they had little if any emotional connection with him. They developed close ties to school, friends, and community in Washington. As the guardian ad litem stated, "They've lived in two separate worlds for a long period of time. They don't know each other. . . . And I just — I just don't see that [Paul] is going to be in a position to meet those children's needs."
On our de novo review of the record, we agree with this assessment and with the district court's analysis of the relative placement issue.
We affirm the termination of Paul's parental rights to Victoria, Christopher, Michael, and Crystal.