Summary
affirming care arrangement and noting the maximization of relationship with both parents and step-sibling was an important consideration
Summary of this case from In re SheriffOpinion
No. 3-093 / 02-1351
Filed May 14, 2003
Appeal from the Iowa District Court for Linn County, Thomas M. Horan, Judge.
A father appeals the dissolution decree awarding primary physical care of the parties' children to their mother. AFFIRMED.
Carolyn Beyer of White Johnson, P.C., Cedar Rapids, for appellant.
Thomas Wolle of Moyer Bergman, P.L.C., Cedar Rapids, for appellee.
Considered by Sackett, C.J., and Zimmer and Vaitheswaran, JJ.
Jason Thompson appeals from the physical care provision of the parties' dissolution decree. He contends the district court erred in awarding primary physical care of the parties' two children to their mother, Colleen Thompson. We affirm.
I. Background Facts and Proceedings.
Jason and Colleen met and began dating in 1994 when both were high school students. Jason was a senior and Colleen was a sophomore. After graduating from high school, Jason enrolled at the University of Northern Iowa. Colleen became pregnant during her senior year and the parties married in April 1996. Colleen graduated from high school the following month.
After their marriage, the newlyweds lived briefly in Vinton and then moved into married student housing in Cedar Falls. Colleen gave birth to the parties' son Robert in November 1996. The parties agreed Colleen would stay home to care for Robert while Jason attended college.
Jason earned a bachelor's degree in computer science in 1998. He accepted employment with Rockwell Collins as a software engineer in October 1998. The parties' daughter, Elizabeth, was born in December 1998.
Our review of the record suggests the parties' brief marriage was never a very happy one. Jason became romantically involved with another student not long after the parties married. Colleen was involved in a brief affair in the spring of 1998. Both parties engaged in sexual role-playing with strangers on the Internet. Jason was sometimes physically abusive towards Colleen. In November 1999, the Department of Human Services investigated an incident of physical abuse perpetrated by Jason on Robert. The Department concluded that Jason had struck Robert on the leg with a plastic bat causing a significant bruise. After speaking with Jason, the Department concluded it was a one-time incident and declined to place the report on the child abuse registry.
Colleen has a history of depression. In 1999, she experienced serious mental health problems. She was admitted to St. Luke's Hospital for psychiatric care a total of three times during June and July 1999. Colleen's sister cared for the children while Colleen was hospitalized. Shortly after Colleen was released from the hospital, Jason informed her that he was having an affair and wished to end the marriage. Colleen began seeing a counselor after she was discharged from the hospital.
The record indicates Colleen and other members of her family experienced sexual and physical abuse as children at the hands of her paternal grandfather.
The parties separated in August 1999. Jason remained in the marital home in Vinton. Colleen moved out with the children because she could not afford the mortgage payment. Jason filed a petition to dissolve the parties' marriage in October 1999.
After the parties separated, Colleen worked at several low-paying jobs. She lived in three temporary residences before settling into a townhouse in Cedar Rapids. In the fall of 1999, Colleen developed a romantic relationship with Blake Urban. She lived with Urban for several months. In February 2000, Colleen became pregnant with Olivia Louise Urban who was born in November 2000. She has a close relationship with Mr. Urban, but they no longer live together. Jason began a romantic relationship with Samantha Viles in May 2000. Ms. Viles does not live with Jason, but spends a significant amount of time at his home.
Following trial in July 2002, the district court entered its decree dissolving the marriage. The court granted the parties joint legal custody. The court concluded Colleen had the superior ability to administer to the needs of the parties' minor children and named her as their primary physical caretaker. In support of its decision, the court cited Colleen's role as the primary caretaker of the children since their birth and her willingness to encourage maximum visitation between the children and their father. The court also mentioned Jason's physical abuse of Robert and his failure to enroll Colleen in his medical and dental plan at his place of employment when he had the opportunity to do so. Finally, the court found the parties' children should not be separated from their step-sibling. Jason appeals.
II. Scope of Review.
Dissolutions of marriage are tried in equity. In re Marriage of Knickerbocker, 601 N.W.2d 48, 50 (Iowa 1999). Our standard of review is therefore de novo. Iowa R.App.P. 6.4. In such cases, "[w]e examine the entire record and adjudicate anew rights on the issues properly presented." In re Marriage of Beecher, 582 N.W.2d 510, 512-13 (Iowa 1998). We give weight to the fact-findings of the district court, especially when considering the credibility of witnesses, but we are not bound by them. Iowa R.App.P. 6.14(6)( g).
III. Physical Care.
Jason claims he should have been granted primary physical care of the couple's two children. He maintains Colleen lacks the stability necessary to serve the children's best interests. In support of his argument, he cites Colleen's bouts with mental illness, her inability to provide stable housing, and her romantic relationships with two men after the parties separated. Jason claims that he has superior parenting abilities because he behaves morally, maintains steady employment, and can provide adequate housing.
The best interests of the children dominate our consideration in child custody cases. In re Marriage of Brainard, 523 N.W.2d 611, 614 (Iowa Ct.App. 1994). Numerous factors, enumerated in Iowa Code section 598.41(3) (2001), exist to supplement the best interest standard. See In re Marriage of Weidner, 338 N.W.2d 351, 355-56 (Iowa 1983); In re Marriage of Winter, 223 N.W.2d 165, 166-67 (Iowa 1974). Our objective is to place the children in the environment most likely to bring them to healthy physical, mental, and social maturity. In re Marriage of Murphy, 592 N.W.2d 681, 683 (Iowa 1999). Prior cases have little precedential value, and we must base our decision primarily on the particular circumstances of each case. In re Marriage of Liebich, 547 N.W.2d 844, 848 (Iowa Ct.App. 1996).
Upon de novo review of the record, we conclude the district court's decision to award physical care of the parties' two children to Colleen should be affirmed. Colleen has always been the children's primary caretaker. The record reveals that she is a gentle and nurturing mother. The children appear to have done very well while in Colleen's care. The record further reveals they are bright and well-adjusted kids. Colleen supports and encourages the children's relationship with their father. She has routinely accommodated Jason's requests for additional unscheduled visitation. At the time of trial, Colleen's housing situation was stable. She was physically healthy and had overcome her mental health problems. Although Colleen has not yet secured stable employment, she appears motivated to do so. Colleen was a good student in high school and planned to attend college until she became pregnant. She has aspirations to obtain a degree and become a family counselor.
Colleen's status as primary caretaker of the parties' children is a significant factor in our consideration. It does not, however, ensure that she will be awarded physical care . In re Marriage of Kunkel, 555 N.W.2d 250, 253 (Iowa Ct.App. 1996).
We recognize Jason has some positive characteristics. He is an intelligent young man with a promising future as a software engineer. Jason is more financially secure than Colleen and has maintained a stable residence for several years. He obviously has genuine love and affection for his children. Jason clearly has the capacity to serve as primary caretaker of the parties' children. However, the record also reveals some negative factors that weigh against his selection as the children's primary caregiver. Jason inflicted physical abuse on Colleen several times early in the marriage. He also has inappropriately disciplined Robert at times. Jason has experienced difficulty in maintaining an appropriate schedule for the children when they are in his care. In January 2000 when Colleen was receiving mental health counseling and caring for the parties' two minor children, Jason unilaterally decided not to include her as an insured when he renewed his health insurance through his employer. As a result of his decision, Colleen's counseling sessions were terminated because she had no insurance to pay for them. Although Jason now suggests that Colleen's emotional health is poor, he expressed no interest in being the children's primary caretaker when Colleen was released from the hospital during the summer of 1999 after experiencing serious mental health problems.
In addressing the issue of physical care, we have given appropriate deference to the fact-findings and credibility assessments of the trial court. Based on the record before us, we conclude continuing primary physical care with Colleen will not only serve the children's best interests but will maximize their relationship with both parents and their step-sibling. We find no reason to depart from the trial court's decision.