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Upon the Petition of Floyd

Court of Appeals of Iowa
Feb 28, 2003
662 N.W.2d 374 (Iowa Ct. App. 2003)

Opinion

No. 2-1047 / 02-1009.

Filed February 28, 2003.

Appeal from the Iowa District Court for Dickinson County, David A. Lester, Judge.

James Floyd appeals from a custody determination involving his child. AFFIRMED.

David Roth of Gallagher, Langlas Gallagher, P.C., Waterloo, for appellant.

Kristin Rienfeld and Rhoda Tenuta, Legal Services Corporation of Iowa, Sioux City, for appellee.

Heard by Sackett, C.J., and Zimmer and Vaitheswaran, JJ.


James Floyd appeals from the district court's decision to award sole custody of his daughter, Cassie Cummings, to the child's mother, Tara Cummings. He contends the parties should have been awarded joint custody of Cassie. We affirm.

James, age twenty-seven, and Tara, age twenty-five, are the unmarried parents of Cassie. The parties have had an on and off relationship since 1995. In 1998, they decided to live together in a home James purchased in Garrison, Iowa. Following a relatively brief and stormy period of cohabitation, the couple separated in November of 1999. Tara moved to Arnold's Park, Iowa with her parents in May of 2000. She gave birth to Cassie in July 2000.

In March 2001, James filed a petition to establish custody regarding Cassie. The issues at trial were limited to legal custody and visitation. The parties agreed that Tara should be granted physical care of their daughter. Following trial, the district court granted Tara sole legal custody of Cassie and established a detailed visitation schedule for James. James appeals from this ruling.

The sole issue on appeal is whether the parties should be awarded joint custody of their daughter. There is no dispute concerning Tara's entitlement to physical care of Cassie. Because custody matters are tried in equity, our review is de novo. Iowa R.App.P. 6.4. In equity cases, especially when considering the credibility of witnesses, we give weight to the fact-findings of the trial court, but are not bound by them. Iowa R.App.P. 6.14(6)( g).

Joint custody is favored whenever reasonable and in the child's best interests. Iowa Code § 598.41(1)(a) (2001); In re Marriage of Brainard, 523 N.W.2d 611, 614 (Iowa Ct.App. 1994). This is because joint custody encourages parents to share the rights and responsibilities of child rearing. In re Marriage of Weidner, 338 N.W.2d 351, 359 (Iowa 1983). It also maximizes the child's opportunity for maintaining contact with both parents. Brainard, 523 N.W.2d at 614.

Notwithstanding our preference for joint custody, if the court finds a history of domestic abuse between a couple exists, a rebuttable presumption against the awarding of joint custody arises. Iowa Code § 598.41(1)(b). If a history of domestic abuse exists, and the presumption created by that finding is not rebutted, that factor alone outweighs consideration of any other factor set forth in section 598.41(3) in the court's determination of the appropriate custodial arrangement. Iowa Code § 598.41(2)(c). In assessing what is sufficient to constitute a history of domestic abuse, the court must weigh the evidence of abuse, its nature, severity, repetition, and to whom it was directed. In re Marriage of Forbes, 570 N.W.2d 757, 760 (Iowa 1997).

Here, the district court awarded sole custody of Cassie to Tara after finding a history of domestic abuse by James. During trial, Tara described numerous incidents of physical abuse and threatening behavior by James that need not be repeated here. James denied any abuse occurred. After carefully reviewing the evidence, the trial court found Tara's testimony to be clear, detailed, and supported by other evidence. In addition, the court found that Tara's testimony was more credible than James's. The record supports the district court's finding that a history of domestic abuse exists in this case.

The trial court further found that James failed to rebut the presumption against an award of joint custody if a history of domestic abuse is shown. The court found that James offered no credible evidence that the incidents of abuse alleged by Tara did not occur. The court also noted that James had received no treatment for his abusive behavior or problems with anger control. Finally, the court expressed concern that James would be unable to communicate with Tara regarding Cassie's needs because of his obvious continuing animosity toward Tara. Upon de novo review of the record, we agree with the trial court's conclusions. Given the lack of credible evidence to rebut the presumption against an award of joint custody, the trial court properly awarded Tara sole custody of Cassie.

AFFIRMED.


Summaries of

Upon the Petition of Floyd

Court of Appeals of Iowa
Feb 28, 2003
662 N.W.2d 374 (Iowa Ct. App. 2003)
Case details for

Upon the Petition of Floyd

Case Details

Full title:Upon the Petition of JAMES K. FLOYD, Petitioner-Appellant, And Concerning…

Court:Court of Appeals of Iowa

Date published: Feb 28, 2003

Citations

662 N.W.2d 374 (Iowa Ct. App. 2003)