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In re Polich

Court of Appeals of Iowa.
Sep 6, 2012
822 N.W.2d 123 (Iowa Ct. App. 2012)

Opinion

No. 12–0802.

2012-09-6

In re The MARRIAGE OF Stephanie POLICH and Eric Polich Upon the Petition of Stephanie Polich, Petitioner–Appellant, and Concerning Eric Polich, Respondent–Appellee.

Appeal from the Iowa District Court for Boone County, Steven J. Oeth, Judge. Stephanie Polich appeals the child custody provisions of the decree dissolving her marriage to Eric Polich. AFFIRMED. Leslie Babich and Kodi A. Brotherson of Babich Goldman, P.C., Des Moines, for appellant. John D. Jordan and Meredith C. Mahoney Nerem of Jordan & Mahoney Law Firm, P.C., Boone, for appellee.


Appeal from the Iowa District Court for Boone County, Steven J. Oeth, Judge.
Stephanie Polich appeals the child custody provisions of the decree dissolving her marriage to Eric Polich. AFFIRMED.
Leslie Babich and Kodi A. Brotherson of Babich Goldman, P.C., Des Moines, for appellant. John D. Jordan and Meredith C. Mahoney Nerem of Jordan & Mahoney Law Firm, P.C., Boone, for appellee.
Considered by EISENHAUER, C.J., and DOYLE and TABOR, JJ.

DOYLE, J.

In April 2012, the district court entered its decree dissolving Eric and Stephanie Polich's marriage. Among other things, the decree provided for joint legal custody and joint physical care of the parties' children. On appeal, Stephanie challenges the joint physical care placement, asserting the children should have been placed in her primary physical care. We review de novo decisions on child custody. In re Marriage of Hynick, 727 N.W.2d 575, 577 (Iowa 2007).

“Primary physical care” is not defined in Iowa Code chapter 598 (2011); nevertheless, we recognize the term is commonly used by parties, their counsel, and the courts.

Upon our de novo review, we find the district court's decree identifies and considers all the issues presented concerning shared physical care placement of the parties' children. The district court considered the appropriate factors when it made its physical care determination, and we approve of the reasons and conclusions stated in the decree. We accordingly affirm without opinion. SeeIowa R.App. P. 6.1203(a), (d). We decline to award appellate attorney fees. See In re Marriage of Okland, 699 N.W.2d 260, 270 (Iowa 2005) (“Appellate attorney fees are not a matter of right, but rather rest in [the appellate] court's discretion.”). Costs on appeal are assessed to Stephanie.

AFFIRMED.




Summaries of

In re Polich

Court of Appeals of Iowa.
Sep 6, 2012
822 N.W.2d 123 (Iowa Ct. App. 2012)
Case details for

In re Polich

Case Details

Full title:In re The MARRIAGE OF Stephanie POLICH and Eric Polich Upon the Petition…

Court:Court of Appeals of Iowa.

Date published: Sep 6, 2012

Citations

822 N.W.2d 123 (Iowa Ct. App. 2012)