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Case No. 18-0791

Lindsay Moses
Zachary Ray Rosol


Lindsay Moses


Zachary Ray Rosol

Attorney for the Appellant

Lana L. Luhring and Shanna Chevalier

Attorney for the Appellee

Heather A. Prendergast

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
May 15, 2019

            Appeal from the Iowa District Court for Grundy County, George L. Stigler, Judge.  AFFIRMED.  Considered by Doyle, P.J., Tabor, J., and Blane, S.J.  Opinion by Blane, S.J.  (14 pages)

            The mother appeals the district court award of shared physical care with the father of their one-and-a-half year old son, who, because of a significant hearing deficiency has bilateral cochlear implants.  She contends that (1) the trial court failed to comply with Iowa Rule of Civil Procedure 1.904(1) in not filing written findings; (2) the court should adopt a “special needs best interests” standard for determining physical care of a special-needs child, and (3) shared care with the father is not in the son’s best interest.  Father requests appellate attorney fees.  OPINION HOLDS: Upon de novo review, we find (1) mother failed to preserve error on the written findings issue, but we still conduct a de novo review; (2) we must decline mother’s invitation to adopt a new legal standard as it applies to special-needs children and find the standards in current law provide adequate consideration of special needs of the child; (3) shared physical care of the child is in his best interest; and (4) we decline to award appellate attorney fees.

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