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IN THE COURT OF APPEALS OF IOWA No. 8-535 / 07-2092 Filed November 26, 2008 BRYAN L. BEAUBIEN, on behalf of BEAU VINCENT BEAUBIEN, A minor child, Petitioner-Appellant, vs. JUNE RENE ALDEN, Respondent-Appellee. ________________________________________________________________ Appeal from the Iowa District Court for Floyd County, Paul W. Riffel, Judge.

Father appeals the district court's ruling denying his request to modify physical care. AFFIRMED.

Andrew B. Howie of Hudson, Mallaney & Shindler, P.C., West Des Moines, and Lori A. Ubbinga, Sioux City, for appellant. Roger L. Sutton of Sutton Law Office, Charles City, for appellee.

Heard by Sackett, C.J., and Eisenhauer and Doyle, JJ.

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EISENHAUER, J. Bryan Beaubien and June Alden met in the spring of 2002 through an internet dating service. The following spring they became parents of a son,

Beau, who has lived with June since birth. Bryan and June never married and have always lived over 200 miles apart. Bryan petitioned the court seeking

physical care of Beau and child support from June. After a hearing in May 2005, the court awarded the parties joint legal custody with physical care to June. Bryan was ordered to pay child support. Bryan was granted liberal and specific visitation, including two separate two-week summer visits. Bryan appealed the decision and the district court's judgment was affirmed in August 2006. June met David Berriault, a Canadian police officer, on the internet and they began dating. In early 2007, June was pregnant with David's child and wanted Beau to accompany her when she visited Canada. refused to sign a passport application. In March 2007, June e-mailed Bryan stating she and David wanted to give Beau a fuller life as a family in Canada. In April 2007, Bryan filed a motion to modify custody due to a material change in circumstances. Bryan sought However, Bryan

physical care of Beau because: (1) June is having a baby in Canada while leaving Beau with her parents who are in questionable health; (2) June is seeking a passport for Beau while refusing to tell Bryan sufficient information about David, who will be around Beau; (3) June does not consult with Bryan "concerning the minor child's legal status, medical care, education"; and (4) June does not support the relationship between Beau and Bryan.

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June and David became parents of a son, Jasper, who was born in Canada in May 2007. In July 2007, June sought permission to allow Beau to travel with her to Canada. In August 2007, after a hearing, the court allowed Beau to travel to Canada and Beau visited Canada with his mother. A two-day hearing on Bryan's motion for modification was held in October 2007. Both June and Bryan are in their forties and both live with their parents. Bryan has a master's in special education and teaches at a shelter in Sioux City. Bryan has never been married and Beau is his only child. June received two degrees from a community college before earning a degree in human services from Buena Vista College. June is not employed outside the home and relies upon child support and some public assistance for Beau. June's twenty-one-year old son, Eric, testified he is a pharmacy student in the fourth year of a seven-year program. Eric is a resident assistant in the

university dorms supervising fifty-four students on his floor. Eric stated June raised him, was "the best" mother, and they enjoy a clos e relationship. Eric further testified June was never critical of Eric's father in his presence. June testified she had allowed Bryan additional visitation over and above the court's decree by giving him extra weeks in April, in May, and in June, as well as extra time on his two, two-week visitations. Further, June stated: I've given him more time during Christmas. I even asked him if he'd like to have my holiday because I know it's important for them to be together. And our family, because Eric couldn't come home during Christmas, we were going to have it another time

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