Travis Glen McCoy
v.
Jessica Ann Smith
Appellant
Travis Glen McCoy
Appellee
Jessica Ann Smith
Attorney for the Appellant
Jason S. Rieper
Attorney for the Appellee
Jessica Smith, self-represented
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Scott County, Meghan Corbin, Judge. REVERSED AND REMANDED. Considered without oral argument by Schumacher, P.J., and Buller and Sandy, JJ. Opinion by Sandy, J. Dissent by Buller, J. (20 pages)
Travis McCoy appeals the district court’s custody decree granting Jessica Smith physical care of their minor daughter. He contends the district court erred by sua sponte setting aside a previous order that found Smith to be in default and that the district court erred by placing physical care of the child with Smith. OPINION HOLDS: We conclude the child’s best interests are best served by placing the child in McCoy’s physical care. We thus remand this matter to the district court for entry of custody, visitation, and child support orders consistent with this opinion. DISSENT ASSERTS: Because I would give the district court’s credibility findings the deference they are due, recognize the abusive dynamic at the heart of this case, and affirm placement of the child in mother’s physical care, I dissent.
