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:
Date Published:
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.