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Case No. 21-0815

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

Gina Lynch
v.
Israel Moreno

Appellee

Gina Lynch

Appellant

Israel Moreno

Attorney for the Appellee

Dustin Baker

Attorney for the Appellant

Jordan D. Grube

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-0815
Date Published:
May 11, 2022
Summary

            Appeal from the Iowa District Court for Dubuque County, Monica L. Zrinyi Ackley, Judge.  AFFIRMED AS MODIFIED.  Considered by Bower, C.J., and Greer and Badding, JJ.  Opinion by Badding, J.  (22 pages)

            Israel Moreno appeals a decree establishing legal custody, physical care, visitation, and child support concerning the child he shares with Gina Lynch.  He claims the court erred by (1) not allowing him to introduce certain evidence; (2) not allowing him to cross-examine Lynch; (3) awarding Lynch sole legal custody and physical care; (4) placing onerous conditions on his visitation, failing to award him more visitation, and impermissibly delegating its powers to expand visitation; and (5) awarding Lynch attorney fees.  He also requests increased visitation and modifications to the legal-custody provisions of the decree.  OPINION HOLDS: We affirm on all of the evidentiary issues raised by Moreno.  We also affirm the district court’s decision to place the child in Lynch’s sole legal custody and physical care.  To the extent that the decree restricted Moreno from accessing certain records of the child’s, we modify the decree to allow Moreno legal access to the child’s medical, educational, and law enforcement records.  We affirm the visitation plan ordered by the district court and the award of attorney fees in favor of Lynch.  Costs on appeal are taxed to Moreno.

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