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Case No. 22-0304

In re Marriage of Makela

Stephanie Kay Makela, Petitioner-Appellee

Wayne L. Makela, Respondent-Appellee

Attorney for Appellee

Dawn D. Long

Attorney for Appellant

M. Leanne Tyler

Court of Appeals

Court of Appeals Opinion

Opinion Number:
Date Published:
Nov 17, 2022

            Appeal from the Iowa District Court for Clinton County, Henry W. Latham II, Judge.  AFFIRMED IN PART AND MODIFIED IN PART.  Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ.  Opinion by Vaitheswaran, P.J.  (9 pages)

            Stephanie Makela appeals the district court’s order on Wayne Makela’s petition to modify the parties’ dissolution decree.  OPINION HOLDS: Because the district court’s award of less than equal custodial rights to Wayne meant that Stephanie retained her rights as sole legal custodian of the children, we modify the determination that there was a substantial change of circumstances warranting modification of the legal custodial relationship.  We affirm the district court’s conclusion that there was a substantial change of circumstances warranting a modification of the visitation provision of the decree, and we affirm all portions of the plan except the overnight visits.  We modify the decree to eliminate those visits.

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