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Case No. 18-0621

Karen K. Pistek
Dalton S. Karsjens


Karen K. Pistek


Dalton S. Karsjens

Attorney for the Appellant

Cathleen J. Siebrecht

Attorney for the Appellee

Jenna K. Lain

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 01, 2019

            Appeal from the Iowa District Court for Monroe County, Lucy J. Gamon, Judge.  AFFIRMED AS MODIFIED.  Considered by Vaitheswaran, P.J., and Potterfield and Doyle, JJ.  Opinion by Doyle, J.  (10 pages)

            Karen Pistek appeals the district court order establishing paternity, custody, visitation, and support of the child she shares with Dalton Karsjens.  OPINION HOLDS: I. The district court did not abuse its discretion in denying Karen’s request for additional testimony.  II. Affording the district court’s findings the deference they are due, we agree with its determination that Dalton has shown he is better able to minister to O.K.K.’s long-term best interests and affirm the physical-care provision.  III. Considering the child’s young age and the distance between the parties’ homes, we find the visitation schedule set forth in the court’s order is in the child’s best interests and affirm.  IV. Because the record supports the parties’ earnings as found by the district court, we affirm the portion of the court’s order relating to child support.  V. Because there is no common law or statutory right to such a subsidy for children born to unmarried parents, we modify the order to eliminate the postsecondary education subsidy.  VI. We decline to award either party their appellate attorney fees.

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