In Re the Marriage of Francisco Garcia Lopez and Anna Christina Garcia Lopez Upon the Petition of Francisco Garcia Lopez, and Concerning Anna Christina Garcia Lopez
16-0915
| Iowa Ct. App. | Oct 26, 2016Background
- Francisco and Anna Garcia Lopez divorced after a 2002 marriage; one daughter (K.A.G.), born 2004. Parties separated in 2014 and primarily used a week-on/week-off shared-care schedule during separation.
- At trial Francisco sought shared physical care or primary physical care; Anna sought primary physical care and planned to move to central Missouri with extended family after the school year.
- District court found shared care infeasible due to Anna’s planned move and awarded physical care to Francisco, citing his stable job, residence, relationship, and Anna’s diagnosis of schizophrenia.
- On appeal the court conducted de novo review of physical-care determination under Iowa Code § 598.41(3) and related precedent.
- Appellate court gave little weight to Anna’s mental-health history (finding her condition managed) and concluded Anna’s move was for family support, not instability.
- Appellate court held placement with Anna was in the child’s best interests (approximation, bilingual ability, relationship with mother, child preference, and support network favored Anna); remanded to recalculate child support and set visitation; denied appellate fees.
Issues
| Issue | Plaintiff's Argument (Francisco) | Defendant's Argument (Anna) | Held |
|---|---|---|---|
| Which parent should have physical care of child? | Francisco: he can provide stability (employment, residence, partner); shared care infeasible due to Anna’s move. | Anna: she was primary caregiver during marriage and will have family support in Missouri; move not meant to thwart father. | Reversed: Anna awarded physical care; court favored approximation, caregiving history, bilingual ability, child preference, and support network. |
| Relevance of Anna’s mental-health history (schizophrenia) | Francisco: mental-health history undermines Anna’s fitness for physical care. | Anna: condition has been effectively managed with medication; she has successfully parented the child. | Court placed little weight on history; managed condition not a basis to deny custody. |
| Effect of Anna’s planned relocation to Missouri | Francisco: move makes shared care infeasible and undermines mother’s stability. | Anna: move motivated by family support and cultural ties; maintains child’s support network. | Move did not outweigh other best-interest factors; relocation not a bar to awarding physical care to Anna. |
| Request for appellate attorney fees | Francisco: requested fees. | Anna: requested fees. | Court denied both requests. |
Key Cases Cited
- In re Marriage of Kleist, 538 N.W.2d 273 (Iowa 1995) (each custody decision depends on unique facts)
- In re Marriage of Winter, 223 N.W.2d 165 (Iowa 1974) (best interests/which parent can minister more effectively)
- McKee v. Dicus, 785 N.W.2d 733 (Iowa Ct. App. 2010) (best interests and consideration of child preferences)
- Vanden Heuvel v. Vanden Heuvel, 121 N.W.2d 216 (Iowa 1963) (managed mental illness in remission is not automatic disqualification for custody)
- In re Marriage of Hansen, 733 N.W.2d 683 (Iowa 2007) (approximation principle in custody)
- In re Marriage of Ford, 563 N.W.2d 629 (Iowa 1997) (primary caregiver status relevant)
- In re Marriage of Erickson, 491 N.W.2d 799 (Iowa Ct. App. 1992) (parental assistance with schoolwork as factor)
- Vrban v. Vrban, 359 N.W.2d 420 (Iowa 1984) (stability can be preserved by leaving child with primary parent despite relocation)
- In re Marriage of Jerome, 378 N.W.2d 302 (Iowa Ct. App. 1985) (mobility and custody considerations)
- In re Marriage of Berning, 745 N.W.2d 90 (Iowa Ct. App. 2007) (standards for awarding appellate attorney fees)