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Case No. 19-0670

In re the Marriage of Stauffer

Lisa M. Stauffer, n/k/a Lisa M. Campbell, Petitioner-Appellee

Graig J. Stauffer, Respondent-Appellant

Attorney for Appellant

Beau A. Bergmann

Attorney for Appellee

Marlis J. Robberts

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Apr 29, 2020

            Appeal from the Iowa District Court for Henry County, Michael J. Schilling, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Greer, J.  (11 pages)

            Graig Stauffer appeals the denial of his petition to modify the visitation provisions of the November 2015 dissolution decree.  Graig asks for an alternating week-to-week visitation schedule and a “right of first refusal” when others were caring for his and Lisa Stauffer’s child, C.S.  He faults the district court for not allowing the thirteen-year-old child to testify and for using a substantial-change-in-circumstances standard rather than the less stringent material-change-in-circumstances standard.  OPINION HOLDS: The district court appropriately declined to interview the child.  And like the district court, we find no change in circumstances, material or otherwise, that opens the door to any change of visitation, including the right-of-first-refusal option.  We affirm the district court order.

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