Bradley Wayne Van Gundy
v.
Jennifer Grace Bolton
Appellee
Bradley Wayne Van Gundy
Appellant
Jennifer Grace Bolton
Attorney for the Appellee
Shanna Chevalier
Attorney for the Appellant
Nina Forcier
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Linda L. Fangman, Judge. AFFIRMED. Considered by Doyle, P.J., Mullins, J., and Gamble, S.J. Opinion by Gamble, S.J. (9 pages)
A mother appeals from an order modifying the physical care provisions of a custody order. She argues physical care should be place with her because she can provide the child with superior care. She also claims the district court abused its discretion by denying her request for attorney fees and requests appellate attorney fees. OPINION HOLDS: Because the mother’s move to a different part of the state amounted to a material and substantial change in circumstance and father can provide the child with superior care, we conclude the district court properly modified the physical care arrangement by awarding the father physical care of the child. The court did not abuse its discretion in declining to award attorney fees, and we decline to award either party appellate attorney fees.
