Troy David Thorpe v. Kelsey Joann Hostetler, 949 N.W.2d 1

Parents (unmarried): child born 2012; parties stipulated to a shared-physical-care schedule in June 2017 after Kelsey purchased a Jefferson home and agreed the child would attend Greene County schools.
Under the 2017 stipulation, parents alternated weekdays and weekends; both lived near Jefferson when stipulation was entered.
Months after stipulation, Kelsey moved to Waukee (~53 miles / ~1-hour drive from Jefferson), sold the Jefferson home, and did not inform Troy beforehand; she continued to transport the child and keep the child in the Greene County school district.
Troy filed to modify custody in Sept. 2018, arguing Kelsey’s move (and her instability/poor communication) made shared care unworkable; district court found the shared plan unworkable and awarded Troy physical care (joint legal custody retained).
District court relied on Troy’s greater stability, concerns about Kelsey’s unstable relationships and home changes (including troubling text evidence about a Waukee household), and the practical problems of the commute; the court ordered liberal visitation and child support from Kelsey.
On appeal the Iowa Court of Appeals reviewed custody de novo, affirmed modification and award of physical care to Troy, and denied Troy’s request to recover all appellate costs.

Issue	Plaintiff's Argument (Troy)	Defendant's Argument (Kelsey)	Held
Whether the 2017 shared-care order should be modified for a substantial and material change in circumstances	Kelsey’s move to Waukee (one-hour commute), continued instability, and poor communication made equal shared care unworkable and was a change not contemplated when stipulation entered	Move was manageable, child suffered no harm, Kelsey transported child and kept school enrollment, and Troy knew relocation risk when he agreed	Modification warranted: Kelsey’s move was a substantial/material change making shared care unworkable
If modification warranted, who should have physical care	Troy: offers stability, established home, continuity of caregiving, extended-family and half-sibling ties	Kelsey: flexible employment, strong bond with child, argues Troy’s schedule and delegation to wife impede his ability to parent alone	Troy awarded physical care: stability and Kelsey’s instability tipped the scales
Standard/scope of review on appeal	Troy implicitly relies on de novo review and district findings	Kelsey argues district erred in applying standards	Court applied de novo review, gave weight to credibility findings, and focused on child’s best interests
Request for appellate costs (including transcript)	Troy requested all costs paid by Kelsey	Kelsey opposed	Request denied

Phillips v. Davis-Spurling, 541 N.W.2d 846 (Iowa 1995) (describing de novo review in custody/support matters)
In re Marriage of Rhinehart, 704 N.W.2d 677 (Iowa 2005) (court examines entire record on appeal)
In re Marriage of Dean, 642 N.W.2d 321 (Iowa Ct. App. 2002) (weight given to trial court credibility findings)
In re Marriage of Mikelson, 299 N.W.2d 670 (Iowa 1980) (burden on movant to show substantial and material change)
In re Marriage of Frederici, 338 N.W.2d 156 (Iowa 1983) (changed-circumstances test; parent seeking custody must show ability to minister more effectively)
In re Marriage of Fennelly, 737 N.W.2d 91 (Iowa 2007) (child’s best interests are primary)
In re Marriage of Hansen, 733 N.W.2d 683 (Iowa 2007) (stability/continuity important in physical-care decisions)
In re Marriage of Hynick, 727 N.W.2d 575 (Iowa 2007) (joint physical care requires roughly equal residential time)
In re Marriage of Decker, 666 N.W.2d 175 (Iowa Ct. App. 2003) (in-home companion’s conduct can reflect parent’s priorities)
In re Marriage of Rierson, 537 N.W.2d 806 (Iowa Ct. App. 1995) (children need a stable, caring home environment)
In re Marriage of Mayfield, 577 N.W.2d 872 (Iowa Ct. App. 1998) (parent with physical care must engage the other parent in serious decisions)
In re Marriage of Quirk-Edwards, 509 N.W.2d 476 (Iowa 1993) (siblings/half-siblings should not be separated absent compelling reasons)