Upon the Petition of Cory Wane Fees, and Concerning Amanda Leigh Cook
15-2192
Iowa Ct. App.Oct 26, 2016Background
- Unmarried parents Cory Fees and Amanda Cook have two minor children; Cory petitioned for custody; trial held Nov 2015.
- Both parents worked and shared childcare duties pre-separation; conflict escalated with episodes where Amanda withheld children and threatened Cory.
- Temporary orders initially granted joint legal and physical custody; parties had a consent protective/no-contact order briefly.
- Daycare provider and Cory’s neighbor testified favorably about Cory’s parenting and described Amanda’s confrontational conduct during exchanges.
- District court found both parents loved the children but Cory demonstrated greater stability and ability to support Amanda’s relationship with the children; awarded Cory physical care, liberal visitation to Amanda, and ordered splitting of extracurricular costs (later conceded erroneous).
- Amanda appealed physical-care decision, admission of Cory’s journal, and the extracurricular-expenses allocation; Cory sought appellate attorney fees.
Issues
| Issue | Amanda's Argument | Cory's Argument | Held |
|---|---|---|---|
| Physical care award | Amanda should have primary physical care | Cory better provides stability, supports Amanda’s relationship with children | Affirmed: de novo review favors Cory based on credibility, stability, and best-interests factors |
| Admission of Cory’s journal | Journal contained privileged mental-health info, was cumulative/hearsay, and prejudicial | Journal was Cory’s personal notes, not privileged medical records; admissible | Affirmed: no abuse of discretion; journal not privileged nor shown to have biased ruling |
| Extracurricular expense allocation | Court incorrectly ordered Amanda to share costs though Cory has physical care | Cory concedes error | Modified: court’s order on splitting extracurricular costs reversed as conceded by Cory |
| Appellate attorney fees | N/A (respondent) | Requests fees; court should consider need, ability to pay, and whether appeal defended trial ruling | Awarded: Amanda to pay $3,000 of Cory’s appellate fees; costs assessed 80% to Amanda, 20% to Cory |
Key Cases Cited
- Lambert v. Everist, 418 N.W.2d 40 (Iowa 1988) (same custody analysis for children of unmarried parents as in divorce)
- Markey v. Carney, 705 N.W.2d 13 (Iowa 2005) (issues ancillary to paternity reviewed de novo; appellate fee considerations)
- In re Marriage of Winter, 223 N.W.2d 165 (Iowa 1974) (factors for custodial determinations)
- In re Marriage of Hansen, 733 N.W.2d 683 (Iowa 2007) (continuity, stability, communication, approximation factors in custody)
- Gamerdinger v. Schaefer, 603 N.W.2d 590 (Iowa 1999) (abuse-of-discretion standard for evidentiary rulings)
- In re Marriage of Fennelly, 737 N.W.2d 97 (Iowa 2007) (weight of factual findings and credibility in custody appeals)
