Brianne Pfannenstiel

bpfannenst@dmreg.com

Fathers’ rights activists hope that the recent death of a Grimes toddler while in his mother's care can help spur changes to the state’s child custody laws, saying that could help prevent tragedies.

The boy's father said he tried to alert authorities to the mother's mental health issues, fearing that they might pose a danger to their child.

Bryan Iehl, founder of the group IowaFathers, said he has worked to pass legislation for the past 10 years that would require courts to grant joint physical care of children in divorce proceedings unless there’s evidence it wouldn’t be in the child’s best interest. Last session, the bill passed the Iowa House but did not advance in the Senate.

“I think it could have prevented this. I think it could prevent it in the future,” Iehl said. “I’m not going to give up. I’m going to continue to push for change.”

Gov. Terry Branstad weighed in Monday, saying he hopes that state lawmakers will consider changes. But Sen. Rob Hogg, D-Cedar Rapids, said he prefers current law and wants the state instead to look at greater access and funding for mental health treatment.

Two-year-old Mason Wyckoff was found dead in his Grimes home July 22. His mother, Stephenie Erickson, was unresponsive at the time and later died after being taken to a hospital.

Law enforcement officials have not said Erickson killed her son, and the Polk County Sheriff’s Office is investigating the deaths.

RELATED COVERAGE:

Mason's father, Dillon Wyckoff, and his relatives said they had worried for months that Erickson might hurt Mason. Wyckoff and Erickson had lived together for four years, but Wyckoff moved out last fall.

In September, he tried to have Erickson involuntarily committed for mental health problems. According to a 911 call, Wyckoff told officers that Erickson had taken Mason and threatened to drive her car into Saylorville Lake.

Wyckoff said he asked Iowa’s Department of Human Services to check on Mason and Erickson, but authorities found no evidence Mason was in danger.

Wyckoff had not yet taken official steps to gain custody of Mason, but he said he told Erickson he planned to initiate court proceedings and wanted Mason removed from his mother’s care.

Branstad, a Republican, said Monday he thinks state lawmakers should evaluate the case to see whether any changes to state law are necessary to protect children.

“This is an unfortunate and tragic situation, and I certainly feel for the father and all of the family and the community, for that matter. It’s a terrible loss,” he said. “And I think it is appropriate that we take a look at and see if there are changes or improvements to be made in the law. These are always difficult situations when you have a custody battle.”

Branstad noted that because Wyckoff and Erickson were not married, the mother was automatically granted custody of the child.

Diane Dornburg, an attorney who focuses on family law and child custody cases with Des Moines-based Carney Appleby Law, said that it’s logistically necessary with unmarried couples to grant the mother custody until paternity can be established.

“I don’t know how it could be any other way,” she said. “The alternative is whoever wanders in can say, ‘I’m the dad.’ And then what do you do?”

Fathers don’t have to do any kind of paternity test if both parents agree that he is the father, she said.

Dornburg said she is “absolutely, totally, irrevocably opposed” to the law change regarding joint physical care that Iehl has pursued.

The Iowa State Bar Association also registered its opposition to the bill as introduced last session. That legislation would have required judges who grant joint legal custody to also grant joint physical care — meaning children would evenly split their time with both parents — unless there was a good reason to grant sole physical care.

The sponsor of the legislation, Rep. Ken Rizer, R-Cedar Rapids, said changes are needed “in the best interests of the kids."

"I think we need to change Iowa law so that joint custody and joint physical care is the standard going into a divorce proceeding," he said, "and then I think we should leave it to the ... parties to convince the court otherwise.”

But Dornburg, who acts as a parenting coordinator with divorced parents, said she prefers the current law. It requires the courts to act in accordance with what's in the best interest of a child.

“… After people have agreed to joint physical care when they shouldn’t have, or if a court has imposed it upon them, then I get to sit in the room with these people who can’t agree on anything,” she said. “They can’t agree whether both parents can be at soccer practices. They can’t agree on what preschool kids should go to. … It’s totally unworkable for kids, and it’s a nightmare for parents.”

She pushed back against the notion that the proposed change could have prevented Mason's death.

"The solution bears no resemblance to the problem," she said. "There has not been a custody case filed. If he wanted custody, he could have filed a custody case."

Iehl argued that, by giving both parents shared care from the beginning, Wyckoff would have had an easier time gaining access to his son and stepping in to remove him from what he saw as a dangerous environment.

Hogg, who is vice chair of the Senate Judiciary Committee, said he also prefers current law, but agreed that the state can continue to evaluate access to resources for parents, such as crisis help lines and legal help.

“Obviously, we always have to work continually to keep our children safe and improve safety and make sure people have access to the resources that they need to keep children safe,” he said.

That includes access to services like abuse help lines and to the courts, he said.

“We clearly need to do better on mental health issues as well,” he said, noting the allegations about Erickson’s mental well-being. “People need to have easy access.”