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IN THE COURT OF APPEALS OF IOWA No. 2-400 / 11-1391 Filed June 13, 2012

Upon the Petition of TRAVIS W. BURLESON, Petitioner-Appellee, And Concerning EMILIE FESSLER-BOYLAN, Respondent-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.

Respondent appeals the custody, visitation, child support, and attorney fees provisions of a paternity decree. AFFIRMED AS MODIFIED.

Eric Borseth of Borseth Law Office, Altoona, for appellant. Travis Burleson, Johnston, pro se.

Considered by Tabor, P.J., Bower, J., and Mahan, S.J.*
*Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2011).

2 MAHAN, S.J. I. Background Facts & Proceedings. Travis Burleson and Emilie Fessler-Boylan are the parents of a child, born in March 2010. The parties were never married. When Emilie told Travis she was pregnant, he decided to move to Iowa from Arizona, where he had been living. The parties lived together for about six weeks during the pregnancy but separated prior to the birth of the child, and Travis moved back to Arizona. After the child was born, Travis returned to Iowa. On April 23, 2010, Travis filed a petition seeking joint legal custody and visitation rights with the child. An order on temporary matters was filed June 23, 2010, giving Travis visitation twice a week. Pursuant to the parties' agreement, the temporary order was amended on March 2, 2011, to give Travis more visitation time. A hearing on the paternity proceedings was held on May 16 and 17, 2011. At the time of the hearing, Travis was twenty-seven years old. He had completed more than a year of college in the area of fire science but had not completed a degree. In Arizona, Travis had been employed as an EMT ambulance driver. He was currently employed as a warehouse worker for ACCO Unlimited Corporation and earned $13.50 per hour. Travis worked Monday through Friday from

8:00 a.m. to 5:00 p.m., with occasional overtime. He was planning to move to a house in Johnston soon after the hearing. He had been treated for depression for a period of time but was not presently receiving medical treatment. Emilie was twenty-three years old at the time of the hearing. She lived in a house in Des Moines she had purchased when she was nineteen years old.

3 Her mother and other family members lived nearby. Emilie had an associate 's degree in liberal arts from Des Moines Area Community College. She was

employed as a financial counselor for Mercy Medical Center, where she earned $15.00 per hour. Emilie works Monday through Thursday from 3:00 p.m. until 1:30 a.m. She is in good health. The parties had a very acrimonious relationship and did not get along during the six weeks they lived together. Travis became very emotional at the time they separated, and this has caused Emilie to have concerns about his stability. Emilie sought a protective order under Iowa Code chapter 236 (2009) to prohibit Travis from having contact with her. Those proceedings were later

dismissed because there was no evidence of an assault. Emilie asked Travis not to contact her. After the child was born, Travis did not have visitation until the temporary order was entered on June 23, 2010. Because the parties were not really

communicating, they decided to exchange a journal detailing information about the child each time Travis had visitation. The journal shows the parties'

animosity and their failure to agree about even the most basic issues. Travis wrote in the journal that he would tell the child the truth about Emilie when he was older, and that "[the child] will be the judge when he is old enough to understand what is going on." Travis continually asked for more visitation time with the child, but Emilie insisted on following the temporary visitation order.1

The district court found Emilie tried to limit Travis's contact with the child as much as possible. We note, however, Emilie did as much as she was legally required to do. Although Emilie could have displayed more generosity when Travis requested extra

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4 Additionally, there was evidence of arguments when they would exchange the child for visitation, even though these exchanges took place in front of the Des Moines Police Department. At times, Emilie's mother, Frankie, brought the child for a visitation exchange. Frankie. Travis admitted he had yelled profanities at

Travis testified he did not believe he needed to treat Frankie with

respect because she was the child's grandparent and not a parent of the child . Obviously, the child was present during these exchanges and could hear the arguments. At the hearing, Travis admitted that he frequently referred to Emilie as a liar. The district court issued a ruling on June 16, 2011. The court granted the parties joint legal custody of the child, with Emilie having physical care. Travis was granted visitation every Wednesday overnight, alternating weekends, alternating holidays, and four weeks of visitation in the summer. The court also provided, "In addition to the parenting time delineated above, [Travis] shall have first right of refusal to take care of the parties' minor child . . . while [Emilie] is at work and if [Travis] is not presently at work during those times. " The court

granted Travis an extraordinary visitation credit and ordered him to pay child support of $405 per month. The court determined each party should be

responsible for his or her own attorney fees. Emilie filed a motion pursuant to Iowa Rule of Civil Procedure 1.904(2). The court specifically granted Emilie four weeks of summer visitation, but otherwise denied her motion. Emilie now appeals.

visitation time, she never denied Travis the visitation he was permitted under the temporary order.

5 II. Standard of Review. Issues ancillary to a determination of paternity are tried in equity. Iowa Code

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