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Jessica Bratton v. Charles M. Minnix II
16-0556
Iowa Ct. App.
Feb 8, 2017
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Background

  • Parents never married; two children (about 8 and 9 at trial). Both parents had prior substance-abuse histories; Jessica achieved sobriety in 2008 and has parented the children since; Charles last used in Nov. 2013.
  • Children lived with relatives early on; Jessica resumed care for both by 2011 after moving to Iowa; Charles lives in Indiana, works nights as a truck driver, and is married with other children in the household.
  • In 2015 allegations arose that one of Jessica’s other children (a half‑sibling) abused the children; DHS and police investigations did not confirm abuse; temporary order barred the alleged perpetrator’s contact.
  • Charles sought physical custody on grounds of hygiene, dental/medical neglect, safety concerns, and inadequate communication by Jessica; his claims relied largely on his testimony.
  • The district court awarded physical care to Jessica, finding children doing well academically/socially, Jessica’s longer sobriety, and insufficient proof that Jessica’s supervision caused any abuse; the court set visitation and exchange terms.
  • On appeal, the court affirmed the custody decision and awarded Jessica $2,000 in appellate attorney fees.

Issues

Issue Bratton’s Argument Minnix’s Argument Held
Which parent should have physical care of the children? Jessica argued she provides a stable home, longer sobriety, strong school support, and preserved contact with Charles. Charles argued Jessica’s care results in poor hygiene, inadequate medical/dental care, and safety risks from alleged abuse by a half‑sibling; he is better able to meet the children’s needs. Affirmed placement with Jessica: record (school principal, medical records, DHS outcome) did not support Charles’s allegations or show Jessica’s supervision caused abuse.
Appellate attorney fees Jessica requested fees because Charles earns more and she couldn’t afford appeal defense. Charles opposed fee award. Awarded Jessica $2,000 in appellate attorney fees (court exercised discretion considering financial positions and obligation to defend).

Key Cases Cited

  • McKee v. Dicus, 785 N.W.2d 733 (Iowa Ct. App. 2010) (de novo review of custody decisions with weight given to trial court credibility findings)
  • Lambert v. Everist, 418 N.W.2d 40 (Iowa 1988) (custody aims to place child in environment promoting healthy physical, mental, and social maturity)
  • In re Marriage of Winter, 223 N.W.2d 165 (Iowa 1974) (factors to consider when awarding custody)
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Case Details

Case Name: Jessica Bratton v. Charles M. Minnix II
Court Name: Court of Appeals of Iowa
Date Published: Feb 8, 2017
Docket Number: 16-0556
Court Abbreviation: Iowa Ct. App.