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, 2016Background
- 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)
