In re the Marriage of Wood
Nicholas James Wood, Petitioner-Appellee,
Britta Nicole Wood, Respondent-Appellant.
Attorney for Appellant
Thomas J. Viner
Attorney for Appellee
Tara L. Hofbauer, Andrew Howie, and Meredith Ludens
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Johnson County, Ian K. Thornhill, Judge. AFFIRMED AND REMANDED WITH DIRECTIONS. Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ. Opinion by Langholz, J. (12 pages)
Britta Wood appeals the decree dissolving her marriage with Nick Wood, arguing that the district court should have placed their son in her physical care rather than in Nick’s physical care. OPINION HOLDS: On our de novo review, giving the district court’s well-reasoned and factually supported decision due deference, we agree that placing the parties’ son in Nick’s physical care is in the best interest of the son. While we have considered the entire record and all the required factors in weighing this choice, like the district court, we find that most factors leave the parents at a relative draw except for one. We agree with the court’s critical assessment that their son’s interest in having a relationship with both parents will be best served in Nick’s physical care, especially given Britta’s conduct showing an effort to alienate their son from Nick and his family while the dissolution was pending. We thus affirm the decree. And given the parties’ abilities to pay and the merits of the appeal, we grant Nick’s request for appellate attorney fees and remand for determination of a reasonable amount.
