Iowa Court Case: In Interest of J.L.W.

IN THE INTEREST OF J.L.W., Minor Child, M.B., Father, Appellant. 

No. 4-274 / 93-1992 

COURT OF APPEALS OF IOWA 

523 N.W.2d 622 

August 25, 1994, Filed 

Appeal from the Iowa District Court for Monona Mary Jane Sokolovske, Associate District Court Judge. Father appeals a judgment of the district court terminating his parental rights to his minor child, J.W. 

AFFIRMED. 

COUNSEL:
Duane E. Hoffmeyer of Vakulskas & Hoffmeyer, P.C., Sioux City, for appellant.

Robert J. Rehan, Sioux City, for appellee L.B.

Stephen W. Allen, Onawa, guardian ad litem for minor child. 

JUDGES:
Considered by Hayden, P.J., and Sackett and Cady, JJ. 

HAYDEN, P.J.
Toni W. and Michael B. were involved in a ten-year relationship. They had two sons born of this relationship who are not subject to the present proceedings. A third child, J.L.W., was born on July 27, 1991. Prior to J.L.W.'s birth, Toni and Michael had moved numerous times throughout the country. Toni and Michael were residing in West Virginia when she became pregnant with J.L.W. Toni's relationship with Michael became strained. Toni called her aunt, Leone B., a resident of Onawa, Iowa, and asked permission to live with her until the baby was born. Leone agreed, and Toni left Michael and moved in with Leone. Toni has a bipolar personality and has a long history of mental illness. She takes lithium to control her mood swings.
Prior to J.L.W.'s birth, Toni asked R.J., her first cousin, and his wife if they wanted to adopt J.L.W. Initially R.J. and C.J. were hesitant to commit. They ultimately reached an agreement with Toni. They took J.L.W. home from the hospital and cared for her. They waited until Toni decided what course of action she would to take. After J.L.W.'s birth, Leone helped Toni and her sons settle in Danbury, Iowa. Toni signed a release of custody of J.L.W. to R.J. and C.J. on September 24, 1991.
Michael called Leone's home several times during the period before J.L.W.'s birth. Michael learned Toni was living at Leone's. After that, Michael called Leone at least once a month until December 1991. Michael sent a package for one of the boys for his birthday and sent a Christmas gift, but did not send any gifts for J.L.W. When Toni informed Michael J.L.W. would be put up for adoption, the record does not reveal Michael took any action. During the first eight months after J.L.W.'s birth, Michael did not send any support, cards, or gifts to or for J.L.W.
On April 4, 1992, Toni wrote a letter to the attorney who drafted the release of custody agreement, informing him she wished to revoke the release. On April 8, 1992, Leone filed a petition for termination of Toni's parental rights. On August 9, 1992, the trial court entered an ex parte order placing temporary custody with R.J. and C.J.