In Re the Marriage of Ryan Robida and Corina R. Robida Upon the Petition of Ryan Robida, and Concerning Corina R. Robida, 15-1872

Parties: Ryan (father, military) sought modification of physical care of daughter A.R.R. (born 2006); original Missouri decree placed child primarily with Corina (mother) with visitation to Ryan.
Ryan moved to Ankeny for military reasons in 2012; thereafter midweek overnights ceased and exchanges occurred midway; Ryan lives with his girlfriend and anticipates remaining in Ankeny after retirement.
Since relocating to Iowa in 2011 Corina moved nine times within Cedar Rapids area, frequently tied to romantic relationships; some incidents prompted no-contact orders and a DHS investigation (which found the child safe and developmentally on target).
Ryan alleged Corina’s instability (frequent moves, relationships, alleged parenting problems, health/lice/ear infection incidents) warranted transfer of physical care; he subpoenaed Josh Asmussen to testify but Josh did not appear at trial.
The district court found a substantial change in circumstances but concluded Ryan failed to show he could provide superior care or that A.R.R. was harmed by Corina’s conduct; the court increased Ryan’s visitation time and child support but denied change of physical care and denied keeping the record open for Josh’s testimony.

Issue	Plaintiff's Argument (Ryan)	Defendant's Argument (Corina)	Held
Whether Ryan proved a substantial change in circumstances and ability to provide superior care to warrant modifying physical care	Corina’s unstable lifestyle (frequent moves, romantic partners, incidents) endangers/harms A.R.R.; Ryan can provide a more stable, nurturing home	Corina’s moves and relationships have not resulted in neglect or substandard care; child is safe, connected to family, and DHS found no mental-health/developmental issues	Court: Substantial change established but Ryan failed to prove superior care or present harm to child; modification denied
Whether district court abused discretion by refusing to keep record open for testimony of subpoenaed witness (Josh Asmussen)	Josh was subpoenaed; his testimony would show violence, drug use, and parenting concerns; counsel sought perpetuation deposition or reopening	Subpoena allegedly untimely; admitting late evidence would prejudice Corina and require recalling witnesses	Court: No abuse of discretion; denial affirmed due to counsel’s awareness of conflict and sufficiency of other testimony

In re Marriage of Hoffman, 867 N.W.2d 26 (Iowa 2015) (burden and standards for modifying physical care)
Christy v. Lenz, 878 N.W.2d 461 (Iowa Ct. App. 2016) (de novo review of modification with deference to district court credibility findings)
In re Marriage of Rierson, 537 N.W.2d 806 (Iowa Ct. App. 1995) (importance of stable, caring home environment)
In re Marriage of Quirk-Edwards, 509 N.W.2d 476 (Iowa 1993) (presumption against separating siblings)
Sun Valley Iowa Lake Ass’n v. Anderson, 551 N.W.2d 621 (Iowa 1996) (trial court discretion to reopen record)