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Amanda L. Luck
v.
Michael F. Salmon
Appellee
Amanda L. Luck
Appellant
Michael F. Salmon
Attorney for the Appellee
Sarah M. Baumgartner
Attorney for the Appellant
Jason W. Miller
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Polk County, Joel D. Novak, Judge. AFFIRMED AND REMANDED. Considered by Vaitheswaran, P.J., and Potterfield and Tabor, JJ. Opinion by Tabor, J. (7 pages)
Michael Salmon, father of K.S., appeals the district court’s award of physical care to the mother, Amanda Luck. He contends his request for shared care is in K.S.’s best interests. In the alternative, he asks for additional visitation time. He also seeks reduction or elimination of his obligation to pay Amanda’s trial attorney fees. OPINION HOLDS: Reviewing the facts anew, we reach the same conclusions about the physical care and visitation provisions: Michael’s history of violence against Amanda and their contentious relationship make a shared care arrangement untenable and not in K.S.’s best interests. The attorney fee award is also in the sound discretion of the district court, and we see no reason to disturb it given the income disparity between the parties and the reasonable efforts of counsel. We also find Amanda is entitled to some reasonable appellate attorney fees and remand to the district court to determine an appropriate award.
