In re the Marriage of Liening
Elaine Marie Liening, Petitioner-Appellee
Steven Ray Liening, Respondent-Appellant
Attorney for Appellant
Elizabeth Kellner-Nelson
Attorney for Appellee
Anjela A. Shutts and Tyler L. Coe
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Michael D. Huppert, Judge. AFFIRMED. Considered by Mullins, P.J., Bower, J., and Vogel, S.J. Opinion by Mullins, P.J. (8 pages)
Steven Liening appeals the district court order denying his petition to modify the physical-care provisions of a dissolution-of-marriage decree. OPINION HOLDS: We affirm the court’s denial of Steven’s petition for modification as he failed to prove a substantial and material change in circumstance occurred which justifies the modification of the children’s physical-care arrangement. Steven also failed to prove he had a superior ability to meet the needs of the children. We decline to award appellate attorney fees. Costs on appeal are taxed one-half to each party.