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In Re the Marriage of Brandon Kleve and Daphnie Kleve Upon the Petition of Brandon Kleve, and Concerning Daphnie Kleve
16-0607
| Iowa Ct. App. | Oct 26, 2016
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Background

  • Daphnie and Brandon Kleve married in 2013; son born in 2014 in Iowa; daughter born in April 2015 (paternity by DNA 99.999999%).
  • Parties separated Oct 2014; Daphnie moved the son to Utah without notifying Brandon; Brandon obtained a temporary injunction Nov 2014 and the son has lived with Brandon in Iowa since.
  • The daughter remained with Daphnie in Utah after separation; trial followed and the district court awarded Brandon physical care of both children.
  • The district court found Daphnie less credible than Brandon, noting inconsistencies between her testimony and medical records and lack of corroboration for abuse allegations.
  • The court declined to order split physical care, citing the presumption against splitting siblings and the importance of fostering a sibling bond.
  • On de novo review, the appellate court affirmed, finding Brandon better able to minister to the children’s long-term needs due to family proximity, more stable housing, and concerns about Daphnie’s judgment and mental-health insight.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Did the district court misstate undisputed facts so the decree fails? Daphnie: court misstated facts, undermining decree. Brandon: appellate review de novo; district court findings given weight, particularly credibility. Court rejected claim; de novo review applied and credited district court credibility findings.
Should custody be split between parents? Daphnie: split care is justified because children lacked a bond at dissolution. Brandon: presumption against splitting siblings; siblings benefit from being placed together. Court held presumption against split custody applies; no compelling reason to split.
Which parent should have physical care of both children (best interests)? Daphnie: sought physical care of both children (or at least the daughter). Brandon: argued he better meets long-range best interests (stability, family support, housing). Court held Brandon better able to minister to children’s long-term needs; affirmed physical care to Brandon.
Were credibility and mental-health concerns relevant to custody decision? Daphnie: disputed credibility findings and challenged interpretations of medical evidence. Brandon: district court’s credibility findings supported by record inconsistencies; Daphnie showed lack of insight into need for treatment. Court deferred to district court credibility assessments and considered mental-health concerns in awarding custody to Brandon.

Key Cases Cited

  • In re Marriage of Rhinehart, 704 N.W.2d 677 (Iowa 2005) (de novo appellate review of custody with deference to credibility findings)
  • In re Marriage of Murphy, 592 N.W.2d 681 (Iowa 1999) (appellate deference to district court credibility determinations)
  • In re Marriage of Will, 489 N.W.2d 394 (Iowa 1992) (presumption against split physical custody of siblings)
  • In re Marriage of Winter, 223 N.W.2d 165 (Iowa 1974) (placing children with parent who best ministers to long-range best interests)
  • In re Marriage of Hansen, 733 N.W.2d 683 (Iowa 2007) (use of statutory and Winter factors in custody determinations)
Read the full case

Case Details

Case Name: In Re the Marriage of Brandon Kleve and Daphnie Kleve Upon the Petition of Brandon Kleve, and Concerning Daphnie Kleve
Court Name: Court of Appeals of Iowa
Date Published: Oct 26, 2016
Docket Number: 16-0607
Court Abbreviation: Iowa Ct. App.