In Re the Marriage of Stephanie R. Rose and Shane A. Rose Upon the Petition of Stephanie R. Rose, N/K/A Stephanie R. Miller, and Concerning Shane A. Rose, 16-1023

Stephanie and Shane divorced in 2014; the decree awarded joint legal custody and shared physical care, requiring mutual consent on major decisions.
Parties disagreed sharply about the child’s education: Shane insisted on homeschooling; Stephanie wanted preschool/kindergarten for socialization.
The disagreement escalated into pervasive conflict: abusive texts, requirement that a witness attend parent meetings, restrictions on communication between Stephanie and the child while with Shane, and disputes over daycare, vacation time, and activities.
Shane reported an unfounded allegation of physical abuse by Stephanie to her employer and DHS, prompting investigations that cleared Stephanie.
Less than a year after the decree, Stephanie filed to modify custody; the district court conducted a trial and awarded physical care to Stephanie, finding a substantial change in circumstances and that Stephanie could provide superior care.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there was a substantial change in circumstances warranting modification of physical care	Miller: The parents’ conflict had escalated beyond what was contemplated by the decree, impairing co-parenting and harming the child	Rose: Early post-decree disagreements shouldn’t justify modification; original shared-care plan should stand	Court: Yes—conflict was systemic, impaired communication, and negatively affected the child, satisfying the Wagner test
Whether Stephanie demonstrated ability to provide superior care	Miller: She functioned as primary caregiver (appointments, education contact, organization) and the father’s escalation and alienating behavior harmed the child	Rose: Both parents are competent; change not warranted absent clear superior ability	Court: Yes—mother’s ongoing primary-care role and father’s alienating conduct establish superior care by mother

In re Marriage of Wagner, 272 N.W.2d 418 (Iowa 1978) (establishes change-in-circumstances test for custody modification)
In re Marriage of Harris, 877 N.W.2d 434 (Iowa 2016) (articulates heavy burden on party seeking modification)
In re Marriage of Hansen, 733 N.W.2d 683 (Iowa 2007) (ability to communicate and show mutual respect is key for joint physical care)
In re Marriage of Walton, 577 N.W.2d 869 (Iowa Ct. App. 1998) (modification appropriate when parents cannot cooperate or communicate)
In re Marriage of Whalen, 569 N.W.2d 626 (Iowa Ct. App. 1997) (custody should not change if parents equally competent)
In re Marriage of Frederici, 338 N.W.2d 156 (Iowa 1983) (parent seeking custody must show superior ability to minister to child)
In re Marriage of Winnike, 497 N.W.2d 170 (Iowa Ct. App. 1992) (alienating conduct can be given great weight if it adversely affects the child)
In re Marriage of Brown, 487 N.W.2d 331 (Iowa 1992) (trial court credibility determinations are afforded deference)
In re Marriage of Williams, 589 N.W.2d 759 (Iowa Ct. App. 1998) (appellate courts conduct de novo review in equitable actions)