In Re the Marriage of George Thomas Davis III and Lizeth Marie Barcelo Aviles Upon the Petition of George Thomas Davis III, and Concerning Lizeth Marie Barcelo Aviles, 16-1574

Short marriage (~3 years) with two children; trial lasted seven days with extensive record. District court awarded George Davis sole legal custody and physical care, gave him the family home, and ordered Lizeth (Lisa) Barcelo to pay $20,000 toward Davis’s trial attorney fees within 30 days.
District court found a history of domestic abuse with Barcelo as the aggressor, citing a September 2014 incident where she struck Davis with a hammer (or fist while holding a hammer) in the presence of a child; protective orders were entered.
Davis testified to multiple additional incidents of abuse by Barcelo (pushing, hitting with objects, threats); Barcelo also testified to multiple incidents of abuse by Davis.
District court credited Davis’s testimony over Barcelo’s and found the statutory rebuttable presumption against joint legal custody applied; alternatively, other custody factors supported sole custody to Davis.
Court awarded Davis physical care based on statutory factors and the children’s welfare during the case; appellate court affirmed sole legal custody and physical care, modified the attorney-fee award amount and payment schedule, and left property division largely intact.

Issue	Plaintiff's Argument (Barcelo)	Defendant's Argument (Davis)	Held
Whether joint legal custody should be denied because of a history of domestic abuse	No pattern; only one documented incident; evidence of mutual abuse rebutted presumption	Multiple assaults by Barcelo, including hammer incident; presumption applies	Affirmed: court found history of domestic abuse by Barcelo, presumption unrebutted; sole legal custody to Davis
Whether physical care should be awarded to Barcelo	Barcelo sought physical care	Davis argued children thrived in his care and statutory factors favor him	Affirmed: physical care awarded to Davis based on statutory factors and trial court credibility findings
Whether $20,000 trial attorney fee award to Davis was proper in amount and timing	Award excessive; Barcelo lacks ability to pay $20,000 in 30 days; discovery issue did not justify that sum	Fee award appropriate due to discovery nondisclosure and incurred costs	Modified: reduced to $6,653 and payment deadline extended to two years after procedendo
Whether property division (including retirement accounts) should be reopened or altered	Some retirement/savings were premarital and should not be divided; seeks home	Court equitably included pensions in division and awarded home to Davis tied to custody; Barcelo received retirement/savings	Affirmed as to property division; court’s inclusion of retirement accounts in division was equitable

In re Marriage of Forbes, 570 N.W.2d 757 (Iowa 1997) (mutual abuse can rebut presumption against awarding custody to an abusive spouse)
In re Marriage of Ford, 563 N.W.2d 629 (Iowa 1997) (testimony can rebut presumption when district court finds abuse no longer a problem)
In re Marriage of Hansen, 733 N.W.2d 683 (Iowa 2007) (objective of physical care is child’s physical and mental health and social maturity)
In re Marriage of Francis, 442 N.W.2d 59 (Iowa 1989) (controlling factor for attorney fees is ability to pay; review of fee awards for abuse of discretion)
In re Marriage of Guyer, 522 N.W.2d 818 (Iowa 1994) (fees must be fair and reasonable in dissolution cases)
In re Marriage of Sullins, 715 N.W.2d 242 (Iowa 2006) (treatment of premarital retirement assets in property division)
In re Marriage of Vrban, 359 N.W.2d 420 (Iowa 1984) (trial court advantages from observing witness demeanor in custody cases)
In re Marriage of Callahan, 214 N.W.2d 133 (Iowa 1974) (trial court benefit from listening to and watching parties in dissolution cases)
In re Marriage of Berning, 745 N.W.2d 90 (Iowa Ct. App. 2007) (appellate discretion in awarding appellate attorney fees)