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IN THE COURT OF APPEALS OF IOWA No. 7-103 / 06-0921 Filed May 23, 2007 IN RE THE MARRIAGE OF ANGELA ELAINE LYMAN AND TRENT ALAN LYMAN Upon the Petition of ANGELA ELAINE LYMAN, Petitioner-Appellee, And Concerning TRENT ALAN LYMAN, Respondent-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Wright County, James M. Drew, Judge. The respondent appeals from the district court's decree dissolving his marriage. AFFIRMED.

Dan McGrevey, Fort Dodge, for appellant. James W. McCarthy and Monty Fisher, Fort Dodge, for appellee.

Heard by Sackett, C.J. and Vogel and Miller, JJ.

2 VOGEL, J. Trent Lyman appeals the custody provision of the district court's decree dissolving his marriage to Angela Lyman. We affirm. Trent and Angela were married in 1993, and have three children: six-year old twins, Saxon and Brayden, and two-year old Ariane. At the time of trial, Angela was thirty-one years old and studying to become an x-ray technician at Iowa Central Community College. She plans on graduating in July 2007, at

which time she intends to take a "weekend package" where she would work three out of four weekends in a month but still be considered full-time. She currently resides in a three-bedroom house in Thor, Iowa. A neighbor, Virginia Haaland, provides day care in Angela's home until the twins leave for school in the morning, and then cares for Ariane at her home the rest of the day. Haaland is also available to return to Angela's home after school, if necessary. Trent, age thirty-three at the time of trial, works for Fort Dodge Animal Health as a lab technician. His hours are from 6:00 a.m. until 4:30 p.m. Monday through Thursday and he has Friday, Saturday, and Sunday off. He did not anticipate any immediate change in his schedule or employment. He resides in the marital home, and during the parties' separation, cared for the children from Thursday night through Sunday evening. During the marriage, Angela had been the primary caregiver for the children, although Trent has recently taken a more active role in their care. The record does reflect, however, that both parents have some negative qualities: Trent has repeatedly failed to have Ariane properly secured in her car seat while he was driving, and Angela has a temper problem. There was a considerable

3 amount of testimony, regarding the parties' mutual allegations of inappropriate internet, romantic relationships. The district court found, and we agree, that their behavior did not have "a significant impact on their ability to parent the children." Following the trial on contested issues, the district court issued a decree dissolving the marriage and awarding joint legal custody of the children, with physical care to Angela and visitation to Trent. Trent filed a motion to enlarge the findings pursuant to Iowa Rule of Civil Procedure 1.904, which was denied by the district court. Trent appeals. We review the provisions of a dissolution decree de novo. In re Marriage of Sullins, 715 N.W.2d 242, 247 (Iowa 2006). "`Although we decide the issues raised on appeal anew, we give weight to the trial court's factual findings, especially with respect to the credibility of the witnesses.'" Id. (quoting In re Marriage of Witten, 672 N.W.2d 768, 773 (Iowa 2003)). Trent argues that physical care of the children would be more properly placed with him. 1 In determining which parent should be granted physical care, our overriding consideration is the children's best interests. In re Marriage of Ford, 563 N.W.2d 629, 631 (Iowa 1997). We consider a number of factors, including the children's needs and characteristics, the parents' abilities to meet the children's needs, the nature of each proposed home environment, and the effect of continuing or disrupting the children's current status. See Iowa Code

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