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Case No. 23-0948

In re Marriage of Kisting

County:
Dubuque

Sara Beth Kisting n/k/a Sara Beth Bahl, Petitioner-Appellee

Matthew Michael Kisting, Respondent-Appellant

Attorney for Appellant

Stuart G. Hoover

Attorney for Appellee

Myia E. Steines

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-0948
Date Published:
Feb 07, 2024
Summary

            Appeal from the Iowa District Court for Dubuque County, Monica Zrinyi Ackley, Judge.  AFFIRMED IN PART, VACATED IN PART, AND REMANDED.  Heard by Bower, C.J., and Greer and Chicchelly, JJ.  Opinion by Chicchelly, J.  (18 pages)

            Matthew Kisting appeals the modification of the decree dissolving his marriage to Sara Bahl.  He challenges the decision to grant physical care of the parties’ children to Sara and contends the court interfered with his parental rights in violation of both the United States and Iowa Constitutions.  He also challenges the district court award of Sara’s trial attorney fees.  Finally, Sara requests an award of appellate attorney fees.  OPINION HOLDS: Because it is in the best interests of the children, we affirm the modification but vacate the portion designating Sara as the sole decision-maker for religious and educational matters.  We find the district court did not interfere with Matthew’s constitutional or parental rights.  Finally, we decline to consider Matthew’s challenge to Sara’s trial-attorney-fees award as premature, and we award Sara appellate attorney fees.

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