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In re the Marriage of Oelberg
Clint J. Oelberg, Petitioner-Appellant
Samantha J. Oelberg, Respondent-Appellee
Attorney for Appellant
Tammy Westhoff Gentry
Attorney for Appellee
John M. Murray
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Pocahontas County, Kurt J. Stoebe, Judge. AFFIRMED. Considered by Bower, C.J., and Buller and Langholz, JJ. Opinion by Langholz, J. (10 pages)
Clint Oelberg appeals from the modification order granting physical care of his son to Samantha Oelberg. OPINION HOLDS: On this record, we cannot conclude that Clint’s home, where American Sign Language is used exclusively, is better than Samantha’s bilingual home for their son’s physical, mental, and social development or for maintaining his connection to Deaf culture. And given the otherwise closely balanced interests, we agree that placing their son in Samantha’s home with his half-sisters is in his best interests. We thus affirm the district court’s decision and decline Samantha’s request for appellate attorney fees.
