Miguel Alvarez v. Norma A. Rivera, 16-0615

Parents unmarried: Miguel Alvarez (father) and Norma Rivera (mother) of child M.E.A., born 2009. Custody contested after years of split residential arrangements.
Norma frequently relocated (Iowa, Massachusetts, California, Oklahoma) and was absent for much of M.E.A.’s early years; Miguel and his mother primarily provided daily care after family moved to Sioux City.
The parties had an informal agreement: Miguel would have physical care during the school year and Norma would have summers; dispute arose when Norma attempted to change that arrangement and removed the child to California without court authorization.
Multiple interim orders granted Miguel temporary custody and restricted Norma from removing the child from Iowa; Norma violated orders by taking M.E.A. out of state on at least one occasion and discarded a GPS-watch phone given by Miguel.
At trial, Miguel testified he provided routine care, arranged counseling and dental follow-up; Norma sought physical care arguing she should enroll M.E.A. in California and exercise visits, but the court found her unstable and placing her needs above the child’s.
District court awarded joint legal custody and physical care to Miguel; Iowa Court of Appeals reviewed de novo and affirmed, emphasizing stability, continuity, and Norma’s noncompliance with court orders.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Who should have physical care of the child?	Miguel: physical care should remain with him because he provided daily routine care and stability.	Norma: she should obtain physical care to enroll child in California and exercise visits; claimed prior agreement favored her summers.	Physical care awarded to Miguel — greater stability/continuity and Norma’s limited involvement and court-order violations weigh against her.
Whether visitation/custody violations by mother affect custody decision	Miguel: Norma’s unilateral removals and disobedience show she places her needs above the child and are relevant to best interest.	Norma: argued she was correcting arrangement when Miguel changed babysitter and asserted visitation rights.	Court found Norma’s violations (removing child, ignoring orders) significant and detrimental to awarding her physical care.
Standard of review for custody determinations	N/A (procedural)	N/A	De novo review with deference to district court credibility findings; appellate court gives weight to trial court’s factual assessments.
Factors guiding physical care (stability/continuity)	Miguel: stability and continuity favor the existing caregiving parent.	Norma: argued proportional time would favor her if change implemented.	Court applied stability/continuity principle and granted physical care to Miguel.

In re Marriage of Sullins, 715 N.W.2d 242 (Iowa 2006) (de novo review of custody with weight given to trial court fact findings)
In re Marriage of Vrban, 359 N.W.2d 420 (Iowa 1984) (trial court credibility assessments entitled to close attention)
In re Marriage of Callahan, 214 N.W.2d 133 (Iowa 1974) (value of in-person observation by trial judge in custody matters)
In re Marriage of Hansen, 733 N.W.2d 683 (Iowa 2007) (physical-care parent must provide stability and manage everyday childrearing details)