Opinion
No. 5-179 / 04-1372
Filed April 13, 2005
Appeal from the Iowa District Court for Butler County, Stephen P. Carroll, Judge.
John L. Simkins appeals from a district court order modifying the custody provisions of the parties' dissolution decree. AFFIRMED.
Kellyann M. Lekar of Roberts, Stevens Lekar, P.L.C., Waterloo, for appellant.
David H. Correll of Correll, Sheerer, Benson, Engels, Galles Demro, P.L.C., Cedar Falls, for appellee.
Considered by Mahan, P.J., Zimmer, J., and Beeghly, S.J.
Senior judge assigned by order pursuant to Iowa Code section 602.9206 (2005).
John L. Simkins appeals from a district court order modifying the custody provisions of the parties' dissolution decree. He contends the court erred in granting primary physical care of the parties' three minor children to the respondent, Dawn M. Simkins. We affirm.
I. Background Facts Proceedings.
John and Dawn were married on December 11, 1990. They have three children: Joshua, born June 15, 1991; Brandon, born August 26, 1993; and Lindsey, born April 23, 1998. A decree of dissolution of marriage was entered on January 29, 2002. Pursuant to the parties' stipulation, John and Dawn were awarded shared physical care of their three children. At the time the dissolution decree was entered, both parties resided in Parkersburg, Iowa. In May of 2002 Dawn moved approximately twenty miles away to Cedar Falls, Iowa. Although both parties continued to follow the arrangement they stipulated to in the original dissolution decree, the arrangement became unworkable and proved to be disruptive to the children. On December 1, 2003, Dawn filed an application for modification, seeking primary physical care of the children. John filed a responsive pleading admitting the shared physical care arrangement had proved to be unsuccessful and disruptive to the children. Following a three-day trial, the district court entered an order for modification, granting Dawn primary physical care of the three children subject to John's visitation rights. John appeals.
II. Standard of Review.
Our review of a district court's ruling on an application for modification of a dissolution decree is de novo. In re Marriage of Walters, 575 N.W.2d 739, 740 (Iowa 1998). We examine the entire record and adjudicate anew issues properly presented. In re Marriage of Steenhoek, 305 N.W.2d 448, 452 (Iowa 1981). We give weight to the fact findings of the trial court, especially when considering the credibility of witnesses, but are not bound by them. Iowa R. App. P. 6.14(6)( g).
III. Primary Physical Care.