In re the Marriage of Johnson
21-0169
| Iowa Ct. App. | Nov 3, 2021Background
- Parties married in 2009 and have three children (born 2010, 2012, 2015); they separated in 2019 after Brad discovered Kayla’s affair.
- Pre-separation parenting was largely shared, but Kayla spent most parenting time at her boyfriend Rick’s home after separation; children expressed fear of Rick.
- In September 2019 there was a domestic altercation during an exchange; Kayla admitted pushing Brad and was charged with domestic abuse assault (pending at trial).
- Kayla was later fired from her nursing job for HIPAA violations (accessing third‑party records); the district court found Kayla not credible and found Brad more credible.
- DHS assessment and a children’s psychiatric nurse practitioner reported children’s fear of Rick and that time at Rick’s home could harm them; Rick has alleged history of domestic violence.
- Trial court awarded Brad primary physical care and a visitation schedule to Kayla; on appeal the court affirmed physical care, expanded midweek visitation (one overnight), and remanded appellate‑fee determination to the district court.
Issues
| Issue | Plaintiff's Argument (Kayla) | Defendant's Argument (Brad) | Held |
|---|---|---|---|
| Physical care: whether joint physical care should be ordered | Parties historically shared parenting; joint physical care appropriate | High conflict, distrust, children fearful of Kayla’s boyfriend (Rick); stability favors Brad | Denied joint physical care; awarded Brad primary physical care (best interests) |
| Visitation adequacy | Kayla requested more regular midweek overnight (one per week) | Brad relied on stability and children’s best interests given time at Rick’s home | Modified visitation to add one Wednesday overnight per week; other minimum schedule affirmed |
| Effect of third‑party (Rick) and children’s statements | Kayla disputed reports about Rick; argued her parenting is suitable | Brad emphasized children’s fear, reports to nurse practitioner, and Rick’s history | Court credited neutral nurse practitioner and other evidence; children’s fear weighed against shared care |
| Appellate attorney fees | Kayla argued Brad can pay and she has limited ability to pay | Brad requested fees based on his need and defending the custody ruling | Court awarded fees in principle to Brad but remanded to district court to quantify (no fee affidavit submitted) |
Key Cases Cited
- In re Marriage of Larsen, 912 N.W.2d 444 (Iowa 2018) (appellate standard in dissolution review)
- Fennelly v. In re Marriage, 737 N.W.2d 97 (Iowa 2007) (credibility/fault considerations in dissolution)
- In re Marriage of Hansen, 733 N.W.2d 683 (Iowa 2007) (physical‑care objective and factors)
- In re Marriage of Berning, 745 N.W.2d 90 (Iowa Ct. App. 2007) (articulation of Hansen shared‑care factors)
- In re Marriage of Ruden, 509 N.W.2d 494 (Iowa Ct. App. 1993) (policy favoring liberal visitation)
- In re Marriage of Winter, 223 N.W.2d 165 (Iowa 1974) (factors for visitation and parental responsibilities)
- In re Marriage of Heiar, 954 N.W.2d 464 (Iowa Ct. App. 2020) (visitation guideline flexibility and appellate‑fee considerations)