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Case No. 23-1563

Mathias R. Libby
v.
Rebecca N. Burgett

Appellant

Mathias R. Libby

Appellee

Rebecca N. Burgett

Attorney for the Appellant

Christopher J. Foster

Attorney for the Appellee

Alexander S. Momany

Court of Appeals

Court of Appeals Opinion

Opinion Number:
23-1563
Date Published:
Jan 09, 2025
Summary

            Appeal from the Iowa District Court for Linn County, David M. Cox, Judge.  AFFIRMED As MODIFIED.  Considered by Tabor, C.J., and Ahlers and Sandy, JJ.  Opinion by Sandy, J.  (15 pages)

            Mathias Libby appeals the district court order denying his petition for modification of the custody decree for his minor daughter.  Specifically, he argues the district court erred in not granting his requests for joint physical care and ordering a minor alteration to the holiday visitation schedule.  He also contends the district court erred by awarding the child’s mother trial attorney fees.  OPINION HOLDS: After our review of the record, we conclude the district court properly denied Libby’s requests for modification.  However, we find the district court abused its discretion in awarding the child’s mother trial attorney fees.

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