In Iowa, How to Terminate Parental Rights When the Other Parent Is Absent and Unreachable?

This question came from one of our users:

How do I terminate the rights of a parent who hasn’t even met their almost 2-year-old child, when I don’t know where they live, we don’t communicate at all, and they won’t sign their rights away!?

In Iowa, there are essentially two "avenues" to terminate a parent's parental rights.  Iowa law provides two separate statutory paths to terminating parental rights, depending on whether the State is initiating the termination or if the termination is requested by a parent, prospective parent, custodian, or guardian. 

Iowa Code chapter 600A details the process of petitioning for termination if the individual filing for termination of parental rights is the parent, prospective parent, custodian, or guardian of the child. Chapter 232 details the process of termination of parental rights when initiated on behalf of the State of Iowa (generally as a result of a child in need of assistance proceeding).  

For this article, we will only address 600A as we answer the following question:  

"How do I terminate the rights of a parent who hasn't even met their child, when I don't know where they live, we don't communicate, and they won't sign their rights away!" 

600A: TERMINATION OF PARENTAL RIGHTS 

First and foremost, in a termination proceeding, the best interest of the child will be the Court's primary consideration in determining whether a parent's parental rights should be terminated.  Generally, the Court considers that it is in the child's best interest that each of the child's biological parents fulfil their role as the child's parent. 

Being "involved" usually means supporting the child financially, being involved in the child's life by continually communicating with the child and engaging in the child's life such that it can be shown that the parent is an important part of the child's life.   

The Court will generally operate under the assumption that the child does best with two parents involved with the child.  If another person can be shown as willing and able to care for the child and has an established parent-child relationship with the child (such as a step-parent), it is strong evidence in support of terminating the parental rights of an absent parent who does not have contact with the child and who does not provide financial support for the child.  

‍

How to Terminate the Parental Rights of an Absent Parent: 

1. Filing A Petition.  If you are the child's parent or guardian, you will file a Petition for Termination of Parental Rights with the juvenile Court in the county where the child lives. The petition must include the following:  
2. The legal name and age of the child, as well as where they live. 
3. The names, addresses, and domicile (county where they are living) of any:  
4. Living parents of the child. 
5. Guardian of the child (if any).  
6. Custodian of the child (if any).  
7. Guardian ad litem of the child (if already appointed).  
8. Petitioner.  
9. Any person standing in the place of the parents of the child.  
10. There must be a simple statement of the facts and grounds (as listed in Iowa Code 600A) as to why parental rights should be terminated. 
11. A simple statement telling the Court why the person filing the petition ("petitioner") does not know any of the required information above.  
12. A signature and verification (a statement that the facts are true to the knowledge of the Petitioner) of the Petitioner. 
13. If you wish to request public funds to pay for the guardian ad litem (attorney appointed for the child) or if you are requesting the other party's (respondent's attorney fees), an attached financial affidavit, signed under penalty of perjury, that states your household income and family size. 
14. Gather Evidence.  The Court will require clear and convincing evidence of specific grounds for termination, generally abandonment or neglect.  
15. Grounds for Termination: Establish the grounds on which you are basing your request for termination of parental rights. You must meet certain grounds in Chapter 600A for termination before the Court grants your Petition for Termination of Parental Rights. They are as follows: 
16. The parent has signed a release of custody (and does not revoke it). 
17. The parent has abandoned the child. 
18. If the child is less than 6 months old, they have been abandoned unless the parent shows a willingness to have custody of the child (not just objecting to the termination). The parent must promptly establish a parent-child relationship and commitment to the child. The Court will consider many factors to determine abandonment.  
19. If the child is six months of age or older, the child is abandoned unless the parent has engaged in substantial and continuous or repeated contact with the child.  
20. This is shown by the parent contributing a reasonable amount of support to the child, whether visiting monthly, regular communication, or living with the child for 6 months in the year before the termination was started.  
21. The parent has failed to pay Court-ordered child support.  
22. The parent does not object to the termination after they have had notice and an opportunity to do so.  
23. An adoptive parent requests termination if fraudulently induced.  
24. The parent has a substance use disorder and has committed more than one domestic abuse assault, AND the parent has abducted the child (taken the child from the petitioning parent or withholding the child from the petitioning parent after a visit without consent). 
25. The parent has been imprisoned for a crime against the child, their sibling, or another child in the home, or the parent has been imprisoned for a crime, and they will not be released for five or more years.  
26. The parent has been convicted of a sex offense against a minor, the parent is divorced from or was never married to the minor's other parent, and the parent is serving at least five years for that crime. 
27. The Court finds there is clear and convincing evidence that the child was conceived as the result of sexual abuse, and the victim is the one petitioning for termination.  
28. Serve the Parent with the Petition and Notice of Hearing: You will need to have the Petition, Notice, and Notice of the Termination Hearing given to the parent whose rights are being terminated or place the notices in the paper if they cannot be located. If publishing notice in a newspaper, it must be run in a newspaper reasonably expected to provide notice to the parent once a week for two consecutive weeks, at the latest three days before the termination hearing.  
29. Enter a Default Judgment: If the parent does not enter an answer in the required time (20 days after being served or public notice was provided in a newspaper), enter a Motion for Default requesting that the rights of the absent parent be terminated as they have not answered the petition.  

1. Guardian Ad Litem: A guardian ad litem will be appointed for the child to determine whether, from the perspective of the child, the termination is in the child's best interest.  
2. Wait for a Hearing to Be Set: A hearing will be set for the judge to hear arguments about whether termination is appropriate, even if you have entered a Motion for Default Judgment, as the other parent must be given a chance to be heard.  
3. Attended the Hearing: All parties must attend the hearing and present their arguments for or against termination. The Guardian ad litem may also testify at the hearing. They will have communicated with all parties before the hearing and given the Court reports explaining their findings and giving the Court a recommendation about whether the Court should terminate parental rights. If the other parent has not appeared, it is likely the Court will grant your petition for termination.  
4. Wait for a Court Order:  In addition to the grounds found in 600A. The Court must consider the child's safety, best placement, and physical, mental, and emotional condition when deciding termination. You must show grounds for termination before the Court even considers whether termination of parental rights is in the child's best interest.  

Prior Orders and Child Support: 

If a parent's rights are terminated, it is important to note that the parent will no longer be obligated to support the child financially. Prior child support orders end upon termination. Furthermore, the child will no longer be able to automatically inherit from that parent when that parent passes away.  

Overall, the key takeaway here is that courts will avoid terminating parental rights when at all possible unless there is strong evidence to suggest otherwise. The Petitioner has a heavy burden to argue for termination, usually due to the implications of termination (financial obligations to the child, etc.). The State does not want to have to step in and provide financial assistance to the child when two parents are providing for that child.   

‍

‍

Designed for general information use only. The content above does not constitute legal advice or the formation of an attorney/client relationship.

‍