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IN THE COURT OF APPEALS OF IOWA No. 7-782 / 07-0371 Filed December 12, 2007

IN RE THE MARRIAGE OF SHERI R. BERNING AND VERNON R. BERNING Upon the Petition of SHERI R. BERNING n/k/a SHERI R. CARTER, Petitioner-Appellant, And Concerning VERNON R. BERNING, Respondent-Appellee. ________________________________________________________________

Appeal from the Iowa District Court for Boone County, David R. Danilson, Judge.

Petitioner appeals the physical care provisions of the district court's dissolution decree. AFFIRMED.

Andrew B. Howie of Hudson, Mallaney & Shindler, P.C., West Des Moines, for appellant. Kirke C. Quinn, Boone, for appellee.

Heard by Huitink, P.J., and Miller and Eisenhauer, JJ.

2 HUITINK, P.J. Sheri Berning appeals the physical care provisions of the district court's dissolution decree. We affirm. I. Background Facts and Proceedings Vern and Sheri Berning began living together in 1999. Sheri gave birth to their son, Ethan, in June 2001. Vern and Sheri were married in 2003. Sheri was forty years old and working as a teacher's aide at the time of the dissolution hearing. She was married previously. This previous marriage produced two children. The children were placed with their father pursuant to the 1992 dissolution decree. Vern was fifty-three years old at the time of the dissolution hearing. Vern has been employed with the railroad since 1978. He works a unique work

schedule where he works eight consecutive days, often away from home, and then does not work for the next seven consecutive days. Vern was also

previously married. This previous marriage produced two children, one of whom was placed with Vern pursuant to the dissolution decree. Both children are now adults living outside of the home. Sheri took twelve weeks of family leave from work to care for Ethan when he was born. In February 2003 Sheri left her job for eight months and stayed home to care for Ethan. She began working again in October 2003, and Ethan was placed in daycare. Sheri filed a petition for dissolution of marriage on March 31, 2006. Sheri and Ethan moved to a new residence a few miles away. Shortly after the petition was filed Vern, without advice from counsel, signed a stipulation indicating that

3 Sheri would have temporary physical care and he would receive "reasonable and liberal visitation as agreed between the parties." $587.68 per month in child support. Vern and Sheri met with a licensed psychologist on four occasions for their marital difficulties, and then met individually with the psychologist on other occasions. Sheri stopped attending the counseling sessions, but Vern continued on. Sheri met a man over the Internet and began traveling to Canada to visit him. Ethan stayed with Vern during Sheri's numerous trips to Canada. The parties eventually agreed to an arrangement whereby they would alternate care for the child. Vern cared for Ethan during the seven days he was off from work, and Sheri cared for Ethan during the eight days he was away at work. However, in late August Sheri determined this schedule was not Vern also agreed to pay

appropriate during the school year so she decided to end the arrangement. Vern filed a motion to modify temporary custody, and the court ordered that Sheri would have temporary physical care and Vern would have visitation from Thursday evening through Sunday during the weeks he was not working. At the dissolution hearing, Sheri requested primary physical care, and Vern requested joint physical care. On January 3, 2007, the district court entered an order awarding both parties joint physical care. The physical care

arrangement shadowed Vern's work schedule. The court also distributed the marital assets, ordered Vern to pay a reduced amount of monthly child support, and ordered him to pay a portion of Sheri's attorney fees.

4 On appeal, Sheri claims the district court erred in granting joint physical care. Vern resists, arguing the joint physical care arrangement is appropriate. Both parties request appellate attorney fees. II. Standard of Review We review claimed error in dissolution of marriage decrees de novo. See In re Marriage of Sullins, 715 N.W.2d 242, 247 (Iowa 2006). "Although we

decide the issues raised on appeal anew, we give weight to the trial court's factual findings, especially with respect to the credibility of the witnesses." In re Marriage of Witten, 672 N.W.2d 768, 778 (Iowa 2003). III. Applicable Law "Joint physical care" means an award of physical care of a minor child to both joint legal custodial parents under which both parents have rights and responsibilities toward the child. Iowa Code

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