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Case No. 19-0994

Chad Michael Dirks
v.
Manda Eccles

Appellee

Chad Michael Dirks

Appellant

Manda Eccles

Attorney for the Appellee

Amanda Heims

Attorney for the Appellant

Chad Douglas Primmer

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-0994
Date Published:
Apr 29, 2020
Summary

    

            Appeal from the Iowa District Court for Pottawattamie County, Jeffrey L. Larson, Judge.  AFFIRMED.  Considered by Vaitheswaran, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (10 pages)

            We filed our opinion in this case on April 15, 2020, but subsequently granted the father’s petition for rehearing.  Our April 15, 2020 decision is therefore vacated and this decision replaces it.  A mother appeals the district court’s order denying her request for physical care of the parties’ child, as well as a right to be offered additional time for visitation when the father is unavailable.  OPINION HOLDS: Upon our de novo review of the record, we agree with the district court’s determination that shared physical care of the parties’ child was in the child’s best interests.  Similarly, we concur with the district court's declination to include a right-of-first-refusal provision in its order, based on the unique facts of the case.  We decline the parties’ requests for appellate attorney fees.  Any costs on appeal are assessed equally to the parties.

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