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Case No. 23-1281

Miguel Angel Zamora
v.
Gabrielle Gonzales

Appellee

Miguel Angel Zamora

Appellant

Gabrielle Gonzales

Attorney for the Appellee

Danielle A. Dunne

Attorney for the Appellant

Garth M. Carlson

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-1281
Date Published:
Mar 19, 2025
Summary

            Appeal from the Iowa District Court for Scott County, Joel W. Barrows, Judge.  AFFIRMED IN PART, MODIFIED IN PART, REVERSED IN PART, AND REMANDED.  Considered by Badding, P.J., Langholz, J., and Doyle, S.J.  Opinion by Doyle, S.J.  (13 pages)

            Gabrielle Gonzales appeals the decree establishing custody, physical care, visitation, and support of the child she shares with Miguel Zamora.  She challenges the grant of physical care to Miguel Zamora.  She also contests the requirement that she provide all transportation for visitation, the amount of child support, and the award of Miguel’s trial attorney fees.  Miguel requests an award of his appellate attorney fees.  OPINION HOLDS: Because E.Z.’s best interests are served by placing him in Miguel’s physical care, we affirm the physical caretaking provisions of the decree.  The costs of transporting the child for visitation should be shared by the parties, so we modify the decree to provide that each party is tasked with transporting E.Z. to the Quad Cities for exchanges at a mutually agreed upon place.  We remand to the district court to recalculate the child support consistent with this opinion.  Given the disparity in the parties’ earnings, we decline to award Miguel his trial attorney fees.  We reverse the district court on this issue.  Gabrielle prevailed on three of the four issues she raised on appeal.  For the same reasons stated in the preceding section, we decline to award Miguel his appellate attorney fees.

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