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Case No. 18-1694

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:
Aug 07, 2019

            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.

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