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Case No. 17-2028

In re the Marriage of Ficek

Christi Anne Ficek, Petitioner-Appellant

Lawrence Peter Ficek, Jr., Respondent-Appellee

Attorney for Appellant

John C. Wagner

Attorney for Appellee

Caitlin L. Slessor and Kerry A. Finley

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Sep 12, 2018

            Appeal from the Iowa District Court for Linn County, Kevin McKeever, Judge.  AFFIRMED.  Considered by Danilson, C.J., and Vogel and Tabor, JJ.  Opinion by Vogel, J.  Partial Dissent by Danilson, C.J.  (9 pages)

            Christi Ficek appeals from a decree dissolving her marriage to Lawrence Ficek.  Christi argues the district court erred by granting the parties joint physical custody of their child and awarding Lawrence part of Christi’s retirement account and pension account.  OPINION HOLDS: Because joint physical care is in the best interests of the child, we affirm the decree’s physical care arrangement.  Also, because of Lawrence’s financial and nonfinancial contributions to the marriage, we affirm the district court’s property distribution.  We decline to award either party appellate attorney fees and tax costs to both parties equally.  PARTIAL DISSENT ASSERTS: I respectfully dissent on the issue of physical care but concur in all other respects. I would reverse in part to award Christi physical care of the minor child.

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