Gage Steven Shellady v. Evangelene Glover
21-0886
Iowa Ct. App.Mar 30, 2022Background
- Child born 2015 to Evangelene Glover (mother) and Gage Shellady (father); parents were teenagers when child was conceived and had prior alcohol/substance-related convictions and incidents of domestic disorder.
- Parents lived together until about 2017; mother took the child to Illinois after separation and remained there with the child.
- Father filed a paternity/physical-care petition in July 2018; no temporary physical-care orders entered.
- From ~April–August 2019 the child spent increasingly more time with father; in August 2019 father enrolled the child in school in Iowa and kept the child; mother (while represented) declined to obtain temporary relief and repeatedly sought continuances.
- Trial occurred March 2021; district court awarded physical care to father and ordered mother to pay child support. Mother appealed challenging the approximation analysis and asserting a history of domestic abuse; father sought appellate fees.
- On appeal the court affirmed the physical-care award to father, found mother failed to prove a domestic-abuse history, and declined to award father appellate attorney fees.
Issues
| Issue | Plaintiff's Argument (Glover) | Defendant's Argument (Shellady) | Held |
|---|---|---|---|
| Whether father should be awarded physical care (best interests) | Mother: child should be placed with primary pre-separation caregiver (mother) under approximation principle | Father: current arrangement (child living with father, school, family support) serves child's best interests; parties cooperated | Affirmed: best interests favor leaving child in father's care given stability, school placement, family support |
| Application of approximation principle — timeframe to measure primary caregiving | Mother: court erred by relying on post-separation caregiving (Aug 2019–trial) instead of pre-separation role where she was primary caregiver | Father: approximation is only one factor; recent caregiving and stability are dispositive here | Held: approximation is one factor among many; recent 19‑month primary care by father and stability outweigh earlier caregiving role |
| Whether father has a disqualifying history of domestic abuse | Mother: prior incidents and alleged abuse mean father should not get physical care | Father: incidents were historical; no protective orders/arrests tied to petitioner; he has matured, reduced drinking, stabilized life | Held: mother failed to prove a statutory history of domestic abuse; district court credibility findings in father’s favor upheld |
| Award of appellate attorney fees to father | Father: as prevailing party requests appellate fees under statute | Mother: limited ability to pay; opposing award | Held: discretionary denial — father prevailed but mother lacks ability to pay, so no appellate fees awarded |
Key Cases Cited
- In re Marriage of Hansen, 733 N.W.2d 683 (Iowa 2007) (approximation rule is one factor among many in custody decisions)
- In re Marriage of Fennelly, 737 N.W.2d 97 (Iowa 2007) (best-interests standard for custody)
- In re Marriage of Winter, 223 N.W.2d 165 (Iowa 1974) (factors for awarding physical care)
- Lambert v. Everist, 418 N.W.2d 40 (Iowa 1988) (parental rights and custody principles for unmarried parents)
- In re Marriage of Hoffman, 891 N.W.2d 849 (Iowa Ct. App. 2016) (factors to consider when awarding appellate attorney fees)
- Thorpe v. Hostetler, 949 N.W.2d 1 (Iowa Ct. App. 2020) (standard of de novo review in equitable custody matters)