Preview:

IN THE COURT OF APPEALS OF IOWA No. 6-640 / 06-0183 Filed November 16, 2006

IN RE THE MARRIAGE OF RHONDA RACHELLE MCGUIRE AND MICHAEL MYRON MCGUIRE Upon the Petition of RHONDA RACHELLE MCGUIRE, Petitioner-Appellant, And Concerning MICHAEL MYRON MCGUIRE, Respondent-Appellee. ________________________________________________________________

Appeal from the Iowa District Court for Henry County, William L. Dowell, Judge.

Rhonda Rachelle McGuire appeals the district court's decree dissolving her marriage to Michael Myron McGuire. AFFIRMED.

Roger A. Huddle of Weaver & Huddle, Wapello, for appellant.

Patrick C. Brau of Brau Law Office, Mt. Pleasant, for appellee.

Heard by Mahan, P.J., and Miller and Vaitheswaran, JJ.

2 MAHAN, P.J. Rhonda Rachelle McGuire appeals the district court's decree dissolving her marriage to Michael Myron McGuire. She argues the district court erred when it (1) awarded primary physical care of the couple's children to Michael and (2) determined the value of the marital home. Both parties also request appellate attorney fees. I. Background Facts and Proceedings Rhonda and Michael were married in November 1990. They have three children born in November 1997, October 2000, and November 2002, respectively. Rhonda works as a housekeeper for Heartland Inn in Mt. Pleasant. Michael works for Wal-Mart and is also a tae kwon do instructor. Rhonda filed a petition for dissolution on November 15, 2004. In

December 2004, the parties entered into a consent order. The order provided for joint legal custody and shared physical care. Rhonda was also awarded child support. Rhonda remained in the marital home in Mt. Pleasant until March 2005. She then moved with the children to Oakville, approximately thirty-eight miles from Mt. Pleasant. The period between the time the petition was filed and the decree was entered was marked by discord. Shared physical care between the parties

became difficult when Rhonda moved to Oakville. Eventually, the children were exchanged at the local law enforcement office. Further, Rhonda's allegations of a marital affair involving Michael and a woman named Angela eventually led to

3 an altercation between Rhonda and Angela. present or heard the argument. The district court entered the dissolution decree on December 29, 2005. It awarded the parties joint legal custody, but determined that shared physical care would no longer work. After evaluating the evidence, the court found Michael to be the better caretaker, and awarded him primary physical care. Rhonda was awarded visitation and ordered to pay child support. Further, the court One of the children either was

determined the marital home to be worth $55,000. Rhonda appeals. II. Standard of Review We review dissolution decrees de novo. In re Marriage of Sullins, 715 N.W.2d 242, 247 (Iowa 2006). Though we are not bound by them, we give weight to the district court's factual findings and credibility determinations. Id. III. Merits A. Physical Care First, Rhonda argues she should have been granted primary physical care of the children. We review numerous factors in determining which parent should have primary physical care of a child. See Iowa Code

Download IN RE THE MARRIAGE OF RHONDA RACHELLE MCGUIRE AND MICHAEL MYRON MCGUIRE Upon the

Iowa Law