Katie Venechuk n/k/a Katie Vandewalker
v.
Gary A. Landherr
Katie Vandewalker seeks further review of the court of appeals decision affirming the district court’s denial of her petition to modify the parties’ custody decree. The court of appeals relied on In re Marriage of Frazier, 1 N.W.3d. 775 (Iowa 2024), in determining that because Katie never sought modification to receive sole legal custody, the court was without authority to address the parties’ dispute regarding the school-district-setting provision of the custody decree.
Applicant
Katie Venechuk n/k/a Katie Vandewalker
Resister
Gary A. Landherr
Attorney for the Applicant
Andrew B. Howie
Attorney for the Resister
Judith M. O'Donohoe
Supreme Court
Oral Argument Schedule
15-15-5
Mar 26, 2025 2:00 PM
Briefs
Supreme Court Opinion
Opinion Number:
Date Published:
Court of Appeals
Court of Appeals Opinion
Opinion Number:
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Summary
Appeal from the Iowa District Court for Worth County, Blake H. Norman, Judge. AFFIRMED. Considered by Schumacher, P.J., and Ahlers and Langholz, JJ. Opinion by Ahlers, J. Dissent by Langholz, J. (17 pages)
A parent appeals the district court’s denial of her petition to modify her custody decree to allow her child to switch schools. OPINION HOLDS: Because the mother did not seek modification to receive sole legal custody, we affirm. DISSENT ASSERTS: I do not read In re Marriage of Frazier, 1 N.W.3d 775 (Iowa 2024), to remove a court’s authority to modify a school-district-setting provision in an order or decree when a party shows a material change in circumstances and the modification is in the child’s best interest. And applying that proper standard here, I would reverse the district court’s denial of the modification request because the move to Riceville and enrollment of a half-sister in the Riceville school district is a material change in circumstances and attending the local school, with her half-sisters, less than two minutes away—rather than a twenty-five-minute car ride or an hour-plus car-and-bus trip to St. Ansgar—is in the daughter’s best interest.