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Case No. 22-1172

In re Marriage of Iverson

County:
Emmet

Steven Wayne Iverson, Petitioner-Appellant

Dorothy Evelyn Ann Iverson n/k/a Dorothy Evelyn Ann Smith, Respondent-Appellee

Attorney for Appellant

Andrew B. Howie

Attorney for Appellee

Scot L. Bauermeister

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-1172
Date Published:
Jul 13, 2023
Summary

            Appeal from the Iowa District Court for Emmet County, John M. Sandy, Judge.  AFFIRMED AS MODIFIED.  Considered by Ahlers, P.J., and Badding and Buller, JJ.  Opinion by Ahlers, P.J.  (7 pages)

            Steven Iverson appeals the modification of the child-visitation provisions of the decree dissolving his marriage to Dorothy Iverson (now Stith).  He claims the district court improperly modified legal custody sua sponte, should have ordered the child to maintain a personal electronic device with a specific communication app, and modified visitation in a manner not consistent with the child’s best interests.  Dorothy requests appellate attorney fees.  OPINION HOLDS: The district court did not modify legal custody.  The modified degree provided for the child’s ability to freely communicate with both parents, so it was unnecessary to include a specific provision regarding the child maintaining a personal electronic device.  The modified visitation schedule established by the district court serves the child’s best interests.  However, a provision regarding summer visitation is internally inconsistent, so we modify that provision to resolve the inconsistency.  We decline to award appellate attorney fees.

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