In the Interest of C.J., 03-1595

Full title: IN THE INTEREST OF C.J., and R.J., Minor Children, R.J.,Father, Appellant

Court: Court of Appeals of Iowa

Date published: Nov 17, 2003

No. 3-817 / 03-1595 (Iowa Ct. App. Nov. 17, 2003)

Opinion

No. 3-817 / 03-1595

Filed November 17, 2003

Appeal from the Iowa District Court for Polk County, Karla J. Fultz, Associate Juvenile Judge.

A father appeals the termination of his parental rights to his children. AFFIRMED.

Bryan Tingle, of Tingle, Knight, Webster Juckette, P.L.C., for appellant father.

Tammy Westhoff, of Parrish, Kruidenier, Moss, Dunn, Boles Gribble, L.L.P., Des Moines, for appellee mother.

Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, John Sarcone, County Attorney, and William Sales, Assistant County Attorney, for appellee-State.

David Pargulski, for minor children.

Considered by Sackett, C.J., and Mahan and Eisenhauer, JJ.

EISENHAUER, J.

A father appeals the termination of his parental rights to his children. He contends the State failed to prove the grounds for termination by clear and convincing evidence, termination was not proper as the children were in the custody of a relative, and termination was not in the children's best interest. We review his claims de novo. In re C.H., 652 N.W.2d 144, 147 (Iowa 2002).

The father's parental rights were terminated pursuant to Iowa Code sections 232.116(1)(a), (b), (d), (e), (f), and (l) (2003). We need only find termination proper on one ground to affirm. In re R.R.K., 544 N.W.2d 274, 276 (Iowa Ct.App. 1995). The father consented to termination pursuant to section 232.116(1)(a). For the first time on appeal, the father argues his consent was not voluntarily and intelligently given. He argues he consented under duress due to stress of being in prison, having contact with his children reduced, and being refused visitation with the children while in prison. However, the father signed the consent to terminate his parental rights and affirmed his consent at the termination hearing. He was advised by his attorney regarding consenting to termination.

We find there is clear and convincing evidence in the record to show the father's consent to the termination of his parental rights was intelligent and voluntary. The father's parental rights were properly terminated under section 232.116(1)(a).

AFFIRMED.