Opinion
No. 1-1047 / 01-0683.
Filed June 19, 2002.
Appeal from the Iowa District Court for Lee (North) County, JOHN G. LINN, Judge.
Keri Wagner appeals the district court's decision to modify physical care of her son, Nicolas. AFFIRMED.
Robert Engler of Bauer, Schulte, Hahn, Swanson Brown, Burlington, for appellant.
Thomas Skewes of Johnson Skewes, Fort Madison, for appellee.
Considered by HUITINK, P.J., and VOGEL and EISENHAUER, JJ.
Keri Wagner appeals the district court's decision to modify physical care of her son, Nicolas, born August 2, 1996, to his father, John Rea.
The trial court, in weighing the positive and negative characteristics of both parents, determined John had overcome his heavy burden of demonstrating a substantial change of circumstances and could offer superior care to Nicolas. See In re Marriage of Rosenfeld, 524 N.W.2d 212, 214 (Iowa Ct.App. 1994). On our de novo review, Iowa R. App. P. 6.4, we agree with the trial court. John can offer Nicolas substantially enhanced stability for his growth and development, whereas Keri's lifestyle choices compromised her ability to provide Nicolas with the security he needs. See In re Marriage of Rierson, 537 N.W.2d 806, 808 (Iowa Ct.App. 1995).
Accordingly, we affirm all issues on appeal and award no appellate attorneys fees. Costs on appeal assessed to Keri.
AFFIRMED.