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Case No. 18-1356

In the Interest of S.W., Minor Child

K.P., Mother-Petitioner-Appellee

E.W., Father-Respondent-Appellant

Attorney for Appellant

Ronald W. Kepford

Attorney for Appellee

Seth Harrington

Guardian ad litem

Breanna L. Young

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Apr 17, 2019

            Appeal from the Iowa District Court for Madison County, Kevin Parker, District Associate Judge.  AFFIRMED.  Considered by Vogel, C.J., Vaitheswaran, J., and Mahan, S.J.  Opinion by Vogel, C.J.  (4 pages)

            The father appeals the termination of his parental rights to his child after the mother filed a petition under Iowa Code chapter 600A (2017).  After granting two continuances at the father’s request, the district court denied his third motion to continue, which provided the father was unable to participate in the termination hearing due to his incarceration.  The father now argues his constitutional due process rights were violated because he was unable to participate in the termination hearing by telephone.  OPINION HOLDS: The father failed to preserve error on his constitutional claim because he did not raise such claim below and the district court made no findings on such claim.

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