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Case No. 22-1926

Colin Shawn Hall
v.
Jena Joann Weissenburger

County:
Warren

Appellant

Colin Shawn Hall

Appellee

Jena Joann Weissenburger

Attorney for the Appellant

Andrea M. Flanagan

Attorney for the Appellee

Delaney J. Kozlowski

Court of Appeals

Court of Appeals Opinion

Opinion Number:
22-1926
Date Published:
Aug 09, 2023
Summary

            Appeal from the Iowa District Court for Warren County, Richard B. Clogg, Judge.  AFFIRMED AS MODIFIED.  Considered by Schumacher, P.J., and Chicchelly and Buller, JJ.  Opinion by Schumacher, P.J.  (11 pages)

            Colin Hall appeals the district court order on custody, visitation, and support for his child with his former girlfriend, Jena Weissenburger.  He claims the court should have ordered joint physical care of their child, R.J.W.  He also challenges several provisions of the court’s order on visitation.  Finally, he appeals the court’s order providing Jena the ability to claim R.J.W. as a dependent for tax purposes for four consecutive years.  OPINION HOLDS: We find awarding Jena physical care of R.J.W. is in the child’s best interests.  The court’s order on the visitation schedule, except for summer visitation, is equitable.  The court should not have deviated from the parties’ stipulation on summer visitation.  And permitting Jena the ability to claim the child as a dependent for four consecutive years is inequitable.  We deny Jena’s request for appellate attorney fees.  We affirm as modified. 

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