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Case No. 17-1464

For summaries from opinions prior to August, 2018, view PDF versions here

Amanda L. Luck
v.
Michael F. Salmon

Appellee

Amanda L. Luck

Appellant

Michael F. Salmon

Attorneys for Appellee

Sarah M. Baumgartner

Attorneys for Appellant

Jason W. Miller

Court of Appeals

Court of Appeals Opinion

Opinion Number:
17-1464
Date Published:
Aug 01, 2018
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.

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