Jоhn and Linda Kay (Kay) Courtade’s marriage was dissolved by a decree entered on June 30,1993. The parties were awarded joint custody and divided physical care of their three children, Alex, born February 23, 1980, Claire, born September 3, 1982, and Will, born April 2, 1988. John was ordered to pay $200 per month in child support.
John is 46 years old and is an attorney. In 1991, John, Kay, аnd the children moved from Washington D.C. to Fairfield, Iowa. John moved from Fairfield, Iowa, to Austin, Texas, in June 1995. Kay continues tо live in Fairfield and is the Director of the Grants Office at Maharishi University of Management. When in Fairfield, all of the children have attended the Maharishi School of the Age of Enlightenment. Alex moved to Texas in the early summer of 1995 to live with John and was living there at the time of trial. Claire and Will continue to live with Kay in Fairfield.
John petitioned for modificаtion of the custody and support provisions of the dissolution decree after he moved to Texas. Follоwing a hearing, the district court did modify the decree. The court placed Alex in John’s primary care and placed Claire and Will in Kay’s primary care. John was ordered to pay $752.89 per month in child support.
John appeals.
I.
Scope of Review.
We review а district court’s modification of a dissolution decree de novo.
In re Marriage of Jacobo,
II. Primary Physical Care. John contends the district court should have placed all three of the children in his primary physical care.
“The trial court has reasonable discretion in determining whether modification is warranted and thаt discretion will not be disturbed on appeal unless there is a failure to do equity.”
In re Marriage of Kern,
In child custody eases, the best interests of thе child is the first and governing consideration. The factors the court considers in awarding custody are enumeratеd in Iowa Code section 598.41(3) (1995), in
In re Marriage of.Weidner,
John spends a great deal of time in his brief on thе subjects of the transcendental meditation movement, the teachings of the Maharishi Yogi, and the Maharishi Schоol of the Age of Enlightenment. John’s objections to the transcendental movement and the lifestyle it entails must be сonsidered in light of the fact John has practiced and continues to practice transcendental meditation. In making our findings, we make no judgment regarding the transcendental meditation movement, the teachings of the Maharishi Yogi, or the Maharishi School of the Age of Enlightenment.
The original dissolution decree of June 30, 1993, gave the parents joint custody and divided physical care of the children. This arrangement was successful for a time and gаve the children good access to both parents. Two years later, in June of 1995, John moved away from the сhildren, depriving them of his joint physical care.
The parent with primary physical care makes the determinаtion where the children’s home will be, which may include moving the children away from the proximity of the non-primary physical care parent.
In re Marriage of Frederick
There is a preference for keeping siblings together.
See In re Marriage of Smiley,
The trial court found Claire and Will to have a very close relationship with Kay and with each othеr. Both children are doing well in school and other activities. The trial court also found Kay to be able to more effectively meet the needs of Claire and Will than John.
Upon consideration of all arguments raised by bоth parties on appeal, we find the district court was correct in placing the primary physical care of Alex with John and of Claire and Will with Kay.
III.
Attorney Fees.
Kay requests appellate attorney fees on appeal. An award of attorney fees is not a matter of right, but rests within the court’s discretion and the parties’ financial pоsitions.
In re Marriage of Roberts,
AFFIRMED.
