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Case No. 20-0789

In re the Marriage of Diaz-Doolin

Ashley Diaz-Doolin, n/k/a Ashley Grimm, Petitioner-Appellee

Damu Odente Diaz-Doolin, Respondent-Appellant

Attorney for Appellant

Rebecca Feiereisen

Attorney for Appellee

Dawn D. Long

Court of Appeals

Court of Appeals Opinion

Opinion Number:
20-0789
Date Published:
Feb 03, 2021
Summary

            Appeal from the Iowa District Court for Linn County, Fae Hoover Grinde, Judge.  AFFIRMED.  Considered by Doyle, P.J., and Tabor and Ahlers, JJ.  Opinion by Ahlers, J.  (11 pages)

            A father appeals the district court order denying his motion to set aside the default entered against him following his failure to appear at a pretrial conference.  He further argues the mother did not meet her burden to show modification of the provisions regarding physical care of the children was warranted.  OPINION HOLDS: The district court did not abuse its discretion in partially denying the father’s motion to set aside the default and limiting him to his own testimony and cross-examination of the mother and her witnesses.  We conclude joint physical care is no longer viable and the children are more appropriately placed in the mother’s physical care.  We decline to award the mother appellate attorney fees.  We affirm.

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