Benjamin John Kerr
v.
Tessla Kae Calvert
Appellant
Benjamin John Kerr
Appellee
Tessla Kae Calvert
Attorney for the Appellant
C. Aron Vaughn and Barry S. Kaplan
Attorney for the Appellee
Jennie L. Wilson-Moore
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Marshall County, James A. McGlynn, Judge. AFFIRMED. Considered by Bower, C.J., and Doyle and Schumacher, JJ. Opinion by Doyle, J. (5 pages)
Benjamin Kerr appeals from a district court ruling denying his petition to modify the physical care provisions of the parties’ custody decree. OPINION HOLDS: To warrant modification, Kerr must show a substantial change in circumstances that was not in contemplation by the court at the time of the custody decree and that he can provide superior care to the child. He has failed to make such a showing and we therefore affirm the district court ruling.