IN RE THE MARRIAGE OF LYLE MARTIN HANSEN AND DELORES LORENE HANSEN Upon the Petition of LYLE MARTIN HANSEN, Petitioner-Appellee, And Concerning DELORES LORENE HANSEN, Respondent-Appellant.
State: Iowa
Docket No: No. 6-584 / 06-0191
Case Date: 11/16/2006
Preview: IN THE COURT OF APPEALS OF IOWA No. 6-584 / 06-0191 Filed November 16, 2006
IN RE THE MARRIAGE OF LYLE MARTIN HANSEN AND DELORES LORENE HANSEN Upon the Petition of LYLE MARTIN HANSEN, Petitioner-Appellee, And Concerning DELORES LORENE HANSEN, Respondent-Appellant. ________________________________________________________________
Appeal from the Iowa District Court for Washington County, Dan F. Morrison, Judge.
Delores Hansen appeals from the decree dissolving her marriage. AFFIRMED AS MODIFIED; REMANDED WITH DIRECTIONS.
Constance Peschang Stannard of Johnston & Nathanson, P.L.C., Iowa City, for appellant. Frank J. Nidey of Nidey, Peterson, Erdahl & Tindal, P.L.C., Cedar Rapids, for appellee.
Heard by Huitink, P.J., and Vogel, J., and Robinson, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2005).
2 VOGEL, J. Delores Hansen appeals from the custody, alimony, and economic provisions of the decree dissolving her marriage to Lyle Hansen. We affirm as modified. Background Facts and Proceedings. Lyle and Delores were married in September of 1987. Two children were born during the marriage, Miranda in 1993 and Ethan in 1997. At the time of trial, Lyle had been a police officer for the City of Washington for over twenty years and was earning $46,309 per year. approximately $18,800 per year. Delores was a bank teller and earned Both Lyle and Delores are high school
graduates, while Delores has some additional schooling through Kirkwood Community College. In November of 2004, Lyle filed a petition seeking to dissolve the parties' marriage. Following a trial, the court granted the dissolution and, among other things, granted the parties joint legal custody of their children while designating a joint physical care arrangement whereby Lyle and Delores would alternate as physical care parents every six months. The court also entered orders
concerning child support, alimony, property division, and debt division. Delores appeals, seeking physical care of the children, a modification of the asset and debt division, increased alimony and child support awards, and attorney fees. Scope and Standards of Review. Our standard of review in dissolution-of-marriage proceedings is de novo. In re Marriage of Smith, 573 N.W.2d 924, 926 (Iowa 1998). We give weight to the fact findings of the district court, especially when considering the credibility of
3 witnesses, but are not bound by them. Iowa R. App. P. 6.14(6)(g). On the issue of the children's physical care, our overriding consideration is the children's best interests. In re Marriage of Ford, 563 N.W.2d 629, 631 (Iowa 1997). Physical Care Arrangement. Delores maintains the court should have allocated the physical care of the children to her rather than designating a joint physical care arrangement. The objective in a physical care determination is to place the children in the environment most likely to bring them to healthy physical, mental, and social maturity. In re Marriage of Courtade, 560 N.W.2d 36, 38 (Iowa Ct. App. 1996).
A district court may award joint physical care when it is in the best interests of the children, but the court is not required to do so. See Iowa Code
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