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In re the Marriage of Dow
Joshua Eugene Dow, Petitioner-Appellant
Ashley Laine Dow, n/k/a Ashley Laine Herzberg, Respondent-Appellee
Attorney for Appellant
Krisanne C. Weimer
Attorney for Appellee
Kyle E. Focht
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Page County, Margaret Reyes, Judge. AFFIRMED. Considered by Badding, P.J., Langholz, J., and Bower, S.J. Opinion by Langholz, J. (9 pages)
Joshua Dow appeals the district court’s order modifying the joint-physical-care provision of the parties’ dissolution decree to place their children in Ashley Herzberg’s physical care. He argues that modification is not in the children’s best interests and that no substantial change in circumstances has occurred. OPINION HOLDS: Giving the district court’s factual findings the deference they deserve, we agree that there has been a substantial change in circumstances not contemplated at the time of the decree and that placing the children in Herzberg’s physical care is in the children’s best interests. And we deny Dow’s request for appellate attorney fees.
