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Case No. 24-0090

In re Marriage of Viers

County:
Linn

Emma Viers, Petitioner-Appellee

Shawn Viers, Respondent-Appellant

Attorney for Appellant

Alexander S. Momany

Attorney for Appellee

Justin D. Riem

Court of Appeals

Court of Appeals Opinion

Opinion Number:
24-0090
Date Published:
Feb 05, 2025
Summary

            Appeal from the Iowa District Court for Linn County, Lars G. Anderson, Judge.  AFFIRMED AND REMANDED TO DETERMINE ATTORNEY FEES.  Considered by Schumacher, P.J., and Buller and Langholz, JJ.  Opinion by Buller, J. Concurrence in part and dissent in part by Schumacher, P.J.  (11 pages)

            A father, Shawn, appeals the provisions of a decree dissolving his marriage granting the mother, Emma, sole legal custody and physical care of their minor child.  The mother requests appellate attorney fees.  OPINION HOLDS: We agree with the district court’s custody and physical care determination; we affirm and remand to determine appellate attorney fees in a reasonable amount not to exceed $7500.  PARTIAL DISSENT ASSERTS: I am pleased to join in the well-reasoned majority opinion concerning the award of legal custody and physical care.  I dissent only as to the majority’s determination that Shawn should contribute to Emma’s appellate attorney fees.

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