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IN THE COURT OF APPEALS OF IOWA No. 9-855 / 09-0331 Filed December 30, 2009

IN RE THE MARRIAGE OF JOHN FLIBOTTE AND JAMIE FLIBOTTE Upon the Petition of JOHN FLIBOTTE, Petitioner-Appellant, And Concerning JAMIE FLIBOTTE, Respondent-Appellee. ________________________________________________________________

Appeal from the Iowa District Court for Pottawattamie County, Gordon C. Abel, Judge.

John Flibotte appeals from the economic and child custody provisions of the district court's dissolution decree. AFFIRMED AS MODIFIED.

Karen Dales, Council Bluffs, for appellant. Joseph Hrvol, Council Bluffs, for appellee.

Heard by Eisenhauer, P.J., and Potterfield, J. and Huitink, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2009).

2 POTTERFIELD, J. I. Background Facts and Proceedings John and Jamie Flibotte met while on active duty in Texas and were married on June 15, 2001. Jamie gave birth to the first of the parties' two

children in February of 2002. John was deployed to Iraq in December of 2002. He finished his tour of duty in Iraq and returned to Texas in July of 2003. Shortly after John's return, the parties' second child was born. In November of 2003 John ended his active duty service and moved with the children to North Carolina while Jamie completed her active duty service obligation in Texas. In July of 2004, Jamie finished her service and moved to North Carolina to join the family. Both John and Jamie remained members of the Army's inactive reserve. In October of 2004 John and Jamie decided to move the family to Omaha, where they stayed only a short time before moving to Honey Creek, Iowa. During this time, the parties were equally responsible for caring for their two children. In January of 2006, Jamie was called back to active duty. Jamie

participated in stateside training for several months, during which she visited the children as much as possible. John facilitated the reunions between Jamie and the children. After Jamie left for training, Jamie's cousin, Kerry Aschinger,

Kerry's fianc

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