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IN THE COURT OF APPEALS OF IOWA No. 2-343 / 11-1746 Filed June 27, 2012 IN RE THE MARRIAGE OF PAMELA J. WALTERS AND CHAD J. WALTERS Upon the Petition of PAMELA J. WALTERS, Petitioner-Appellant/Cross-Appellee, And Concerning CHAD J. WALTERS, Respondent-Appellee/Cross-Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Poweshiek County, Myron L. Gookin, Judge.

Both parents challenge the district court's order modifying the physical care arrangement of their daughters. AFFIRMED.

Donald J. Charnetski of Charnetskui, Olson & Lacina, L.L.P., Grinnell, for appellant/cross-appellee. Steven Gardner of Kiple, Denefe, Beaver, Gardner & Zingg, L.L.P., Ottumwa, for appellee/cross-appellant.

Heard by Vogel, P.J., and Tabor and Bower, JJ.

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TABOR, J. This appeal involves a custody modification order that splits the physical care of two sisters: fourteen-year-old M.W. and ten-year-old C.W. Their mother, Pamela Cason, challenges the transfer of C.W.'s physical care to her father, Chad Walters. Chad contests the court's decision to leave M.W. in her mother's physical care. Recognizing the agonizing issues involved in this case, as well as the district court's superior ability to assess credibility given its opportunity to observe the witnesses first-hand, we affirm the modification order. I. Background Facts and Procedures Pamela and Chad were married in 1995 and divorced in 2006.1 They have two daughters: M.W., who was born in 1997,2 and C.W., who was born in 2001. The district court issued a modified decree of dissolution on May 31, 2007, granting Chad and Pamela joint legal custody of their daughters and placing physical care of the girls with Pamela. Pamela's older daughter, K.W., also lived in the household. When

Pamela separated from Chad in 2005, K.W.--who was then fifteen years old-- accused her stepfather Chad of inappropriate contact, including touching her breasts, genitals and buttocks over her clothes, watching her while she was showering or bathing, and making sexual statements about her. In December 2006, Chad entered a plea of guilty to child endangerment in violation of Iowa

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Chad and Pamela both have new partners since the divorce. Pamela is remarried and lives in Prairie City with her new husband, Shannon, and his teenage son. Chad lives in Eddyville with his girlfriend, Tara; they have a three-year-old daughter. Tara's two sons, ages ten and twelve, also live with them. 2 Chad is not M.W.'s biological father. But he is the established father because M.W. was born during his marriage to Pamela. See Iowa Code

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