Lindsay Moses, n/k/a Lindsay Burman
v.
Zachary Ray Rosol
Appellee
Lindsay Moses, n/k/a Lindsay Burman
Appellant
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:
Summary
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.
