In re The Marriage of Jenkins
Jessica Ray Jenkins, Petitioner-Appellee
Tyrel James Jenkins, Respondent-Appellant
Attorney for Appellant
Terry D. Parsons
Attorney for Appellee
Andrew B. Howie
Karen Thalacker
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Bremer County, James Drew, Judge. AFFIRMED AS MODIFIED AND REMANDED. Considered by Vaitheswaran, P.J., and Greer and Schumacher, JJ. Opinion by Schumacher, J. Partial dissent by Greer, J. (15 pages)
Tyrel Jenkins appeals the district court’s dissolution decree. He asserts the decree gives too much discretion to his ex-wife and his children to decide visitation, including placing onerous restrictions on his visitation time. He also claims the court exceeded the allowable scope of relief by granting his ex-wife sole legal custody of the parties’ children. And he claims the court failed to follow procedures set out in Iowa Code chapter 598 (2021). OPINION HOLDS: Tyrel failed to preserve his claims involving the procedures of chapter 598. The court acted appropriately in granting sole legal custody. Finally, we determine the court failed to establish a definite visitation schedule, should not have delegated decision-making regarding visitation to Jessica or the children, and improperly placed restrictions on Tyrel’s visitation time. We eliminate the provisions that granted decision making authority about visitation to Jessica and the children and the restrictions placed on Tyrel’s visitation referencing alcohol and substance usage and testing. We remand to the district court for the sole purpose of setting a defined visitation schedule on the existing record consistent with this opinion. PARTIAL DISSENT ASSERTS: I agree with the majority that the children should not be given discretion to avoid visitation and the option for Jessica to require testing for sobriety should be removed from the decree. But because Tyrel’s pattern of behavior could negatively impact the children, I believe the district court correctly required the condition Tyrel refrain from alcohol use and that the law allows Jessica discretion to cancel visits if the children report they feel unsafe or have observations similar to what they have already experienced over their father’s extreme intoxication.
