Opinion
No. 1-990 / 01-1237.
Filed March 13, 2002.
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 son. AFFIRMED.
Paul Rosenberg of Paul Rosenberg Associates, Des Moines, for appellant.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, and Jon Anderson, Assistant County Attorney, for appellee State.
Charles Fuson, of the Youth Law Center, Des Moines, guardian ad litem for minor child.
Considered by VOGEL, P.J., and MILLER and EISENHAUER, JJ.
A father appeals the termination of his parental rights to his son. In his brief, he does not dispute that the State has proven the grounds for termination under Iowa Code sections 232.116(1)(c), (d), and (e) (1999). Instead, he argues termination is not appropriate pursuant to sections 232.116(2) and (3). Because the district court did not address section 232.116(3) and the father failed to bring the issue to the attention of the trial court in an Iowa Rule of Civil Procedure 179(b) motion, we find he has failed to preserve error on the issue. See In re A.M.H., 516 N.W.2d 867, 872 (Iowa 1994) . As a result, we need only consider the father's argument that termination was not in the child's best interest. We review this claim de novo. See In re M.T., 613 N.W.2d 690, 691 (Iowa Ct. App. 2000).
Iowa Rule of Civil Procedure 179(b) is now known as Rule 1.904(2).
We find termination is in the child's best interests. The record reveals a long history of abuse and neglect by the father toward his son. The father made no progress to resolve these parenting problems during the pendency of this case. However, the father argues it is in his son's best interest that he retains parental rights to leave the option open for a reunion in the future. We can judge a father's future behavior by his past actions. See In re K.F., 437 N.W.2d 559, 560 (Iowa 1989). In doing so, we find clear and convincing evidence that termination is in the child's best interest. Accordingly, we affirm.
AFFIRMED.