Opinion
No. 2-033 / 01-1026.
Filed May 15, 2002.
Appeal from the Iowa District Court for Linn County, DOUGLAS S. RUSSELL, Judge.
Respondent appeals from the custody provisions of the decree dissolving the parties' marriage. AFFIRMED.
Robert L. Day of Day Hellmer, Dubuque, for appellant.
Frank J. Nidey of Nidey Peterson, Cedar Rapids, for appellee.
Considered by HUITINK, P.J., and VOGEL and EISENHAUER, JJ.
Carolyn Bailey appeals from the custody provisions of the decree dissolving the parties' marriage. She contends the district court erred in awarding physical care of the parties' minor children to Brian Bailey. Brian requests he be awarded his appellate attorney fees.
Brian and Carolyn Bailey were married in 1988. They have two minor children. Brian also has an adult child from a previous relationship. Brian filed a dissolution petition in September 2000. Following trial, the court entered its decree awarding joint legal custody and physical care of the children to Brian. Carolyn appeals, challenging the award of physical care. She claims the trial court did not adequately weigh the evidence of domestic abuse by Brian and its impact on the children. We review these claims de novo. In re Marriage of Murphy, 592 N.W.2d 681, 683 (Iowa 1999).
The primary consideration in determining an award of child custody is the best interests of the child. Iowa R. App. P. 6.14(6)(o). The court's objective is to place children in the environment most likely to bring them to healthy physical, mental, and social maturity. See Murphy, 592 N.W.2d at 683. Here, the trial court found both parties to be loving parents. However, the court found Carolyn to be less mature in her approach to raising the children, less stable in her employment, and more dependent on family assistance in caring for the children. As a result, the court awarded the children's physical care to Brian.
Former Iowa Rule of Appellate Procedure 14(f)(15).
Upon de novo review of the record, we find no error in awarding Brian physical care of the children. In her testimony, Carolyn accused Brian of being physically abusive towards her. Brian denied this, claiming instead that both parties took part in the violence. The trial court had the opportunity to have the parties and their witnesses before it. In re Marriage of Brown, 487 N.W.2d 331, 332 (Iowa 1992). It found that at least two of the incidents involved violent actions by each party against the other. It concluded that neither party had a history of abusing the children. We find the trial court adequately considered the allegations of domestic abuse and find no reason to disagree with the trial court's assessment on this issue. Accordingly, we affirm.
Brian requests an award of appellate attorney fees. Appellate attorney fees are not a matter of right but rest within the sound discretion of the reviewing court. In re Marriage of Erickson, 553 N.W.2d 905, 908 (Iowa Ct. App. 1996). We decline to award Brian his appellate attorney fees.
AFFIRMED.