No. 04-1748.Court of Appeals of Iowa.
March 31, 2005.
Appeal from the Iowa District Court for Johnson County, Sylvia A. Lewis, District Associate Judge.
A father appeals from the termination of his parental rights to his child. AFFIRMED.
Amy Evenson of Larson Evenson, P.C., Iowa City, for appellant-father.
Thomas J. Miller, Attorney General, Kathrine Miller-Todd, Assistant Attorney General, J. Patrick White, County Attorney, and Deborah Farmer Minot, Assistant County Attorney, for appellee-State.
Sally Peck, Iowa City, for the mother. Shelly Mott, Coralville, for the child.
Considered by Huitink, P.J., and Miller and Eisenhauer, JJ.
EISENHAUER, J.
A father appeals the termination of his parental rights. He contends the State failed to prove the grounds for termination by clear and convincing evidence and termination is not in the best interest of the child. We review his claims de novo. In re C.H., 652 N.W.2d 144, 147 (Iowa 2002).
The father contends the State failed to prove the grounds for the termination pursuant to Iowa Code section 232.116(1)(b) (2003). However, the court only references termination under this section in regard to the mother. The court terminated the parental rights of the father pursuant to section 232.116(1)(h). The father does not argue this was wrongfully decided. Therefore, he has waived this issue on appeal. In re S.R., 600 N.W.2d 63, 65 (Iowa Ct.App. 1999).
The father also contends termination is not in the child’s best interest. The father is currently incarcerated for third-degree sexual abuse against the child’s mother. He has been sentenced to a ten-year term. He has never participated actively in any services or visitation with the child. The child has been removed from her parents’ care for sixteen months and is bonded with her foster family. Children should not be forced to endlessly await the maturity of a natural parent. In re C.B., 611 N.W.2d 489, 494 (Iowa 2000). At some point, the rights and needs of the child rise above the rights and needs of the parent. In re J.L.W., 570 N.W.2d 778, 781 (Iowa Ct.App. 1997). We conclude termination is in the child’s best interest, and accordingly, we affirm.
AFFIRMED.