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Case No. 21-1021

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

In re the Marriage of McCusker

Adam J. McCusker, Petitioner-Appellee

Sara A. McCusker, Respondent-Appellant

Attorney for Appellant

Thomas J. Viner

Attorneys for Appellee

Andrew B. Howie and James R. Hinchliff

Court of Appeals

Court of Appeals Opinion

Opinion Number:
21-1021
Date Published:
Mar 30, 2022
Summary

            Appeal from the Iowa District Court for Dubuque County, Alan Heavens, Judge.  AFFIRMED.  Considered by May, P.J., and Schumacher and Badding, JJ.  Opinion by Badding, J.  (11 pages)

            Sara McCusker appeals the physical care provisions of the decree dissolving her marriage to Adam McCusker.  Sara argues the court erred in denying her request for joint physical care of the parties’ two children and instead awarding Adam physical care.  In the alternative, she asserts the children should have been placed in her physical care.  Adam requests an award of appellate attorney fees.  OPINION HOLDS: We affirm the district court’s physical care decision and deny Adam’s request for appellate attorney fees.  Costs on appeal are taxed to Sara.

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