Preview:

IN THE COURT OF APPEALS OF IOWA No. 7-779 / 07-0159 Filed December 28, 2007

IN RE THE MARRIAGE OF STEVEN DALE ANDERSON AND CHRISTINE ANN ANDERSON Upon the Petition of STEVEN DALE ANDERSON, Petitioner-Appellee, And Concerning CHRISTINE ANN ANDERSON, Respondent-Appellant. ________________________________________________________________ Appeal from the Iowa District Court for Greene County, William C. Ostlund, Judge.

Respondent appeals the custody provisions of the parties' dissolution decree. AFFIRMED.

Jennie L. Hughes of Waller & Hughes, Perry, for appellant. Vicki R. Copeland of Wilcox, Polking, Gerken, Schwarzkopf & Copeland, P.C., Jefferson, for appellee.

Heard by Huitink, P.J., Vogel, J., and Robinson, S.J.* *Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2007).

2 ROBINSON, S.J. I. Background Facts & Proceedings

Steven and Christine Anderson were married in 2004. The parties began living together in 1998, when Christine was only sixteen years old. They have one child, Camden, who was born in 2005. Both parties have a history of

substance abuse. Christine had attended a substance abuse treatment center for methamphetamine use prior to the time she began living with Steven. Steven was charged with possession of marijuana in 1998 and 2002. Both parties claim they are no longer using illegal substances. The parties had a conflicted relationship, and police officers were often called to their home to intervene in domestic disputes. Christine was convicted of domestic abuse in 2003, and given a deferred judgment. Both parties claim the other party was the aggressor in these conflicts. Steven is employed as a molder for Quinn Machine and Foundry, and has been employed there for three years. He has a close relationship with his family. His grandparents cared for Camden during the day, while the parties were working. Christine is employed as a nurse's aide at Greene County Medical Center. She has received some written reprimands at work. Christine has a relationship with her mother, but does not see her father or brother, who are in prison. Steven filed a petition for dissolution of marriage on March 27, 2006. Shortly thereafter Christine obtained a protective order under Iowa Code chapter 236. She stated she "was afraid [Steven] was going to do something to me when

3 I was moving." She moved into a duplex next to her friends, Jimmy and Joey Ann Godwin, who are brother and sister. Jimmy has a history of criminal activity, and several witnesses testified he was not a good influence on Christine. On July 26, 2007, Christine filed an application, under Iowa Code section 598.12(1) (Supp. 2005), for the appointment of a guardian ad litem (GAL) for Camden. Steven resisted the appointment due to the cost involved. The district court appointed Christine Sand, an attorney, as "guardian ad litem" pursuant to section 598.12(1), and capped her fees at $500. Sand filed an initial report and was prepared to file a supplemental report. Immediately prior to the trial on November 1, 2006, Steven objected to the court's consideration of Sand's reports. The district court ruled that Sand's report was to be stricken and removed from the court file, and the supplemental report could not be filed. The court also ruled Sand could not testify as a witness. The court determined Sand's role was limited under section 598.12, and she could only call and/or question witnesses. Sand did not call any additional witnesses. She questioned Steven briefly about his prior marijuana use. After that she asked to be excused. The court stated, "Sure. Unless you want to stay and participate. No. You're excused." The district court granted the parties joint legal custody of Camden, with Steven having physical care. The court found Steven could provide more

stability for the child. Christine was granted visitation on one evening per week, every other weekend, alternating holidays, and five weeks during the summer.

4 She was ordered to pay child support of $285 per month. Christine appeals the custody provisions of the parties' dissolution decree. II. Standard of Review

In this equitable action, our review is de novo. Iowa R. App. P. 6.4. "In equity cases, especially when considering the credibility of witnesses, the court gives weight to the fact findings of the district court, but is not bound by them." Iowa R. App. P. 6.14(6)(g). III. Guardian ad Litem

Christine raises several issues regarding the scope of the duties of Sand in this case. She claims the district court should not have stricken Sand's

reports, she should have been allowed to call Sand as a witness, and Sand should not have been dismissed from the trial. We note there is an inherent inconsistency in the application and order appointing attorney Sand in this case. Christine requested the appointment of a GAL, but cited to section 598.12(1), which provides "[t]he court may appoint an attorney to represent the legal interests of the minor child or children of the parties." The court's authority to appoint a GAL is found in section 598.12(2). 1 The court's order stated, "upon Respondent's request that the Court appoint a Guardian ad Litem for the minor child of the parties, Camden Anderson, as provided for in Iowa Code

Download IN RE THE MARRIAGE OF STEVEN DALE ANDERSON AND CHRISTINE ANN ANDERSON Upon the P

Iowa Law