6 N.W.3d 326
Iowa Ct. App.2024Background
- Sara Beth Kisting (now Bahl) and Matthew Michael Kisting divorced in 2016, sharing joint legal custody and joint physical care of their two children.
- Significant conflict arose post-dissolution over parenting philosophy, schooling, religion, and specific incidents—including a domestic abuse allegation resulting in a protective order restricting Matthew's contact.
- Sara petitioned for modification seeking sole physical care, citing irreconcilable breakdown in co-parenting, disagreements over religious upbringing, education, and Matthew’s conduct.
- The district court modified the decree, awarding Sara physical care, maintaining joint legal custody but giving Sara sole authority over religious and educational decisions, and awarding Sara attorney fees.
- Matthew appealed, challenging the modification, the delegation of decision-making, implications for his parental rights, and attorney fee award; Sara requested appellate attorney fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Modification of Physical Care | No substantial change, district court wrongfully relied on abuse | Relationship breakdown, inability to co-parent, best interest of children | Substantial change found; physical care to Sara affirmed |
| Sole Decision-Making Authority on Religion/Education | Court violated parental rights and religious freedoms | Needed due to inability to agree | Vacated; joint legal custody requires equal decision-making |
| Interference with Parental Rights | Orders restrict Matthew’s constitutional rights | Decisions needed to protect children’s welfare | No violation found; actions were in children’s best interests |
| Award of Attorney Fees | Award unreasonable, premature appeal | Entitled as prevailing party | Declined to consider trial fee challenge, appellate fees to Sara (amount remanded) |
Key Cases Cited
- In re Marriage of Hoffman, 867 N.W.2d 26 (Iowa 2015) (standards for modification of custody—substantial change, best interests)
- In re Marriage of Harris, 877 N.W.2d 434 (Iowa 2016) (modifying custody when parents unable to communicate/cooperate)
- In re Marriage of Hansen, 733 N.W.2d 683 (Iowa 2007) (determining physical care based on child’s best interests)
- In re Marriage of Roberts, 545 N.W.2d 340 (Iowa Ct. App. 1996) (history of caregiving relevant to custody)
- In re Marriage of Decker, 666 N.W.2d 175 (Iowa Ct. App. 2003) (courts cannot favor one religion in custody)
- In re Marriage of Erpelding, 917 N.W.2d 235 (Iowa 2018) (review of attorney fees in family law)
- In re Marriage of Kimbro, 826 N.W.2d 696 (Iowa 2013) (attorney fee award discretion standard)