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Case No. 19-1204

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

In re the Marriage of Behymer

Jennifer Lynn Behymer, n/k/a Jennifer Lynn Schuttinga, Petitioner-Appellant

Butch E. Behymer, Respondent-Appellee

Attorney for Appellant

Cynthia D. Hucks

Attorney for Appellee

Heather M. Simplot

Court of Appeals

Court of Appeals Opinion

Opinion Number:
19-1204
Date Published:
Apr 15, 2020
Summary

            Appeal from the Iowa District Court for Mahaska County, Dan Wilson, Judge.  AFFIRMED.  Considered by Bower, C.J., and Greer and Ahlers, JJ.  Opinion by Ahlers, J.  (8 pages)

            The mother appeals the modification of the parties’ custody decree.  The modification order changed the custodial arrangement from joint physical care to placing physical care of the parties’ minor child with the father.  On appeal, the mother argues placing physical care with the father is not in the child’s best interest.  Alternatively, she argues she should receive more visitation time.  Both parents request appellate attorney fees.  OPINION HOLDS: It is in the child’s best interest to modify the decree to place physical care with the father.  No modification of the visitation schedule is warranted.  No appellate attorney fees are awarded to either party.  Court costs are assessed to the mother.

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