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Case No. 18-1468

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

In re the Marriage of Rosonke

Marie Rosonke, Petitioner-Appellant

Brian Rosonke, Respondent-Appellee

Attorney for Appellant

Crystal L. Usher

Attorney for Appellee

Christopher O'Donohoe

Court of Appeals

Court of Appeals Opinion

Opinion Number:
18-1468
Date Published:
Jul 03, 2019
Summary

            Appeal from the Iowa District Court for Chickasaw County, Richard D. Stochl, Judge.  AFFIRMED.  Considered by Potterfield, P.J., and Doyle and May, JJ.  Opinion by Doyle, J.  (10 pages)

            Marie Rosonke appeals from the order modifying the decree dissolving her marriage to Brian Rosonke.  OPINION HOLDS: I. We affirm the order modifying the child custody provisions of the parties’ dissolution decree to grant Brian physical care of the parties’ three children based on Marie’s move.  Because a joint physical care arrangement was no longer feasible, the court had to select one parent as physical caretaker, and the evidence supports a finding that placing the children in Brian’s care, in the only community they have called home, is in the children’s best interests.  II. The district court was not required to order the health insurance coverage offered through Marie’s employer as medical support because it does not meet the definition of “accessible” under Iowa Code 252E (2017).  III. Because Marie has not met her burden of showing the judge had a personal bias or prejudice against her that stemmed from an extrajudicial source, we find no abuse of discretion in refusing to recuse himself.  IV. We decline to award Marie appellate attorney fees.

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