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Case No. 21-1091

Lindsay Moses, n/k/a Lindsay Burman
Zachary Ray Rosol


Lindsay Moses, n/k/a Lindsay Burman


Zachary Ray Rosol

Attorney for the Appellee

Shanna Chevalier and Lana L. Luhring

Attorney for the Appellant

Andrew B. Howie

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Mar 30, 2022

            Appeal from the Iowa District Court for Bremer County, Chris Foy, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Considered by Vaitheswaran, P.J., and Tabor and May, JJ.  Opinion by May, J.  (8 pages)

            A father appeals from the order modifying a custodial decree, which placed physical care of the child at issue with the mother and modified legal custody to give the mother the sole right and responsibility to make certain decisions regarding the child.  OPINION HOLDS: The mother established a material and substantial change in circumstances warranting modification of physical care, and she established she could provide the child with superior care.  So we affirm the placement of physical care with the mother.  However, because legal custody was not properly before the court, so we vacate the district court’s modification of the legal custody provision.  And we remand to the district court for entry of a corrected decree.

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