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IN THE COURT OF APPEALS OF IOWA

No. 0-039 / 09-1152  
Filed February 24, 2010

IN RE THE MARRIAGE OF DARCY RASMUSSEN AND ROBYN RASMUSSEN

Upon the Petition of
DARCY RASMUSSEN,
Petitioner-Appellant/Cross-Appellee,

And Concerning
ROBYN RASMUSSEN,
Respondent-Appellee/Cross-Appellant.
________________________________________________________________

Appeal from the Iowa District Court for Marshall County, Michael J. Moon, Judge.  

Father appeals the district court.s ruling denying his request to modify custody and mother cross-appeals.  AFFIRMED AS MODIFIED AND REMANDED.


Melissa A. Nine and Barry S. Kaplan of Kaplan, Frese & Nine, L.L.P., Marshalltown, for appellant.
Reyne L. See of Johnson, Sudenga, Latham, Peglow & O.Hare, P.L.C., Marshalltown, for appellee.

Heard by Vogel, P.J., Eisenhauer, J., and Mahan, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2009).  
EISENHAUER, J.
Darcy Rasmussen appeals a district court order dismissing his petition to modify custody.  Robyn Rasmussen cross-appeals the district court.s orders regarding visitation, child support, and attorney fees.  We affirm as modified and remand.  
I.  Background Facts and Proceedings.
The parties were divorced in 2007.  The decree provided for joint legal custody of their daughters and physical care with Robyn.  A year later Darcy filed this action and Robyn counterclaimed.  Each sought sole legal custody, physical care and supervised visitation.  
During their marriage, Darcy and Robyn provided foster care for two children, Lynnette and Lori.  Lynnette had suffered physical abuse and possibly sexual abuse.  Lynnette.s first foster placement was unsuccessful due to her self-abusive behavior and aggressive behavior toward an infant in the home.  Lori entered foster care due to neglect and inappropriate physical and emotional sustenance.    
Lynnette was adopted by Darcy and Robyn in 2005, and Lori was adopted in 2006.  Darcy and Robyn disagree on numerous therapy issues concerning their daughters.  Darcy was reluctant to allow Robyn to take Lynnette to Dr. Hoffman, but weekly therapy did occur from November 2006 to February 2008.  Because Darcy did not observe the physical aggression by Lynnette toward Lori that Robyn was reporting, he suggested Lori join Lynnette for some therapy
sessions in order for Dr. Hoffman to view their interactions.  The girls attended joint therapy sessions.    
Lynnette became upset when discussing previous episodes of physical abuse with Dr. Hoffman.  Dr. Hoffman discussed a need for one-hundred percent supervision of Lynnette with both Darcy and Robyn.  Darcy did not believe Lynnette needed constant supervision.
Based on these discussions, Dr. Hoffman concluded Darcy was more willing to believe Lynnette was making good choices and her problems were caused by Robyn, while Robyn was doing her best to parent Lynnette, a difficult child.  Dr. Hoffman opined there was no doubt the behaviors Robyn was concerned about were real

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