Opinion
No. 3-097 / 02-1537.
Filed April 30, 2003.
Appeal from the Iowa District Court for Jackson County, PATRICK MADDEN, Judge.
Mother appeals from the award of physical care of her children to their father. AFFIRMED.
Steven Kahler of Schoenthaler, Roberg, Bartelt Kahler, Maquoketa, for appellant.
Mary Schumacher, Dubuque, for appellee.
Heard by ZIMMER, P.J., and HECHT and EISENHAUER, JJ.
Gracie Fondell appeals from the decree dissolving her marriage to Jamie Fondell. She argues the district court erred in awarding Jamie the physical care of their daughters. We affirm.
I. Background Facts and Proceedings .
Gracie and Jamie Fondell were married in October 1997. Shortly thereafter Jamie adopted Gracie's four-year-old daughter, Alexis. The couple's younger daughter, Alyssa, was born in August 1998. The couple resided in Bellevue, Iowa, before separating in March 2002.
Jamie and Gracie both worked during the marriage. Jamie is employed with Guardian Industries. His job is secure. Gracie took employment with Rockwell Collins shortly after the marriage, but was laid off in December 2001. She had been pursuing an associates degree part-time since January 1999, and when laid off, began attending school on a full-time basis.
During the marriage, Gracie was more responsible for the day-to-day care of Alexis and Alyssa than Jamie. However, Jamie has always been significantly involved in his daughters' lives. Both parties saw to the girls' daily needs, looked after the family home in Bellevue, and were involved with the children's activities.
Jamie's family is actively involved in the girls' lives. His parents and his maternal grandparents live next door to one another, approximately ten blocks from Jamie and Gracie's marital home. Jamie's mother operates a daycare. She regularly looked after the girls during the time their parents lived together in Bellevue. Jamie's siblings and other extended family members have also been involved in the girls' lives. In contrast, Gracie's relationship with her family is somewhat strained. There have been rifts within her family which have resulted in relatives not speaking to one another for extended periods of time. Gracie does not have the type of family support that Jamie enjoys.
Gracie petitioned for a dissolution of the parties' marriage in February 2002. Each party sought temporary and permanent physical care of the girls. The district court awarded temporary care to Gracie. The court stated that, absent a showing of abuse, neglect, or inability to meet the children's basic needs, it was "reluctant to disturb the status quo." Jamie was allowed liberal visitation.
At the temporary care hearing, Gracie testified she would be moving from the family home to an apartment near a park in Bellevue. However, within a few days after she was awarded temporary care, Gracie moved to Maquoketa. According to Gracie, she could not afford the Bellevue apartment. Gracie did, however, drive the girls back and forth from Bellevue so that they could finish out the school year. That summer she enrolled Alexis in a Maquoketa elementary school, and Alyssa in a Maquoketa preschool and daycare.
Gracie received an associate's degree in Electronic Engineering Technology several weeks before trial was held in September 2002. At the time of trial, she was seeking, but had not yet obtained, employment. Because employment opportunities for an engineering technician were limited in the Bellevue area, Gracie was interviewing for positions in Waterloo and Davenport. She had previously declined positions that offered hours incompatible with the girls' schedules, or that were located a significant distance from Bellevue.
The parties stipulated to all issues but physical care. The district court found shared physical care was not a viable option, as it was likely Gracie would be leaving the Bellevue area in order to obtain employment. The court found its decision difficult, acknowledging that both parties were excellent parents, devoted to their children, and had taken an active role in raising them. The court expressed confidence Jamie and Gracie would continue to cooperate regarding visitation and joint legal custody. It awarded physical care to Jamie, after determining the girls would have "a more stable environment, be exposed to more traditional family values, and be more likely to better develop into maturity if they remain in Jamie's care." Gracie appeals.
II. Scope of Review .
Our review of this equitable proceeding is de novo. Iowa R.App.P. 6.4. We give weight to the district court's findings, but we are not bound by them. Iowa R.App.P. 6.14(6)( g). We are particularly deferential regarding issues of credibility, given the district court's opportunity to directly observe witness's demeanor. In re Marriage of Forbes, 570 N.W.2d 757, 759 (Iowa 1997).
III. Physical Care .
We begin by expressing our agreement with the trial court's assessment that Gracie and Jamie are both loving and capable parents. We also agree with the court's decision to award Jamie physical care. We acknowledge that Gracie's status as the girl's primary caretaker is a significant factor for 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). Although Gracie argues the district court undervalued her role as the primary caregiver, we find Gracie has undervalued Jamie's role in the girls' lives. Upon our review of the record, we are convinced Jamie is a dedicated and active parent. He is clearly as capable as Gracie of providing for the girls' care, and he shares a strong emotional bond with his children.
In deciding which of two very capable parents should be awarded physical care, our primary consideration is always the best interests of the children. In re Marriage of Williams, 589 N.W.2d 759, 761 (Iowa Ct.App. 1998). Children should be placed with whichever parent can do a better job in raising them, and more effectively minister to their long-range best interests. Id. The 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). There are many factors to consider in such a decision, and the weight to be afforded each factor will depend on the particular facts of the case. Williams, 589 N.W.2d at 761.
Upon de novo review of the record, we conclude Jamie can provide the girls with greater overall emotional and environmental stability. Jamie's job appears secure, and the children will live in the family home in the town where they have lived for most of their lives. Alexis will be able to attend her former school. The girls will once again be cared for by their grandmother when their father is at work, and will receive the benefit of attention from Jamie's extended family. They will have access to their friends in Bellevue, and Jamie or his family would be able to facilitate visits with any of the girls' new Maquoketa friends.
In contrast, Gracie's future is unclear. The location of her eventual employment, the arrangements she will be able to make for the girls' care and the living accommodations she will be able to find, are all uncertain. While Jamie may work long hours, Gracie's future work schedule is unknown, and may well be as demanding as Jamie's. While we commend Gracie for tailoring her job requirements to her daughters' needs, she cannot be certain that a job with the desired hours and location will become available. The one virtual certainty, if the girls are placed with Gracie, is that they would no longer be close to family, friends or the familiar surroundings of either Bellevue or Maquoketa. There is also some indication Jamie is more financially responsible, and more emotionally mature, than Gracie.
In making these observations, we are not penalizing Gracie for seeking higher education, elevating her employment prospects, or moving a reasonable distance from Bellevue. Nor are we elevating environmental stability over the emotional bond between Gracie and her children. See Williams, 589 N.W.2d at 762. We are simply noting, in this very close case, advantages to the girls if they are placed with Jamie. There is no doubt the girls share a close bond with their mother. However, the strength of that bond does not exceed the other advantages Jamie can offer. Because we conclude Jamie can better foster the girls' physical, mental, and social maturity, we affirm the district court's physical care award.