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Case No. 18-1838

Bradley Wayne Van Gundy
Jennifer Grace Bolton


Bradley Wayne Van Gundy


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:
May 15, 2019

            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.

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