Aaron Daniel Smart
v.
Michelle Marie Ralls
Appellee
Aaron Daniel Smart
Appellant
Michelle Marie Ralls
Attorney for the Appellee
Heather M. Simplot
Attorney for the Appellant
Bryan J. Goldsmith and Carly M. Schomaker
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Wapello County, Greg Milani, Judge. AFFIRMED ON APPEAL AND CROSS-APPEAL. Considered without oral argument by Greer, P.J., and Langholz and Sandy, JJ. Opinion by Langholz, J. (9 pages)
Michelle Ralls and Aaron Smart each separately appeal a custody order under Iowa Code chapter 600B (2022). Ralls challenges the district court’s placement of their son in the parties’ joint physical care rather than in her physical care. And Smart challenges the court’s denial of his request to change the son’s last name from Ralls to Smart. OPINION HOLDS: On our de novo review—giving due deference to the district court’s first-hand view of the evidence and witnesses—we agree that joint physical care is in the son’s best interest. The parties have proven capable of co-parenting and do not exhibit the degree of strife that renders joint physical care unworkable or detrimental to the son. As for the son’s last name, assuming the court had authority to consider this name-change request under chapter 600B even though Ralls did not unilaterally select the name, we agree with the court that the change is not in the son’s best interest. The son has had this last name for ten years, he shares it with his half-sister, and preserving his identity promotes consistency, convenience, and stability for the son. We thus affirm the district court’s order on both the appeal and cross-appeal. And we decline Smart’s request for appellate attorney fees.
