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