This appeal addresses issues involving visitation problems between the joint legal custodians. We affirm as modified.
Petitioner-appellant Gary L. Holub and respondent-appellee Robin Jordan have a child, Kristopher, born in March 1991. Gary and Robin never married. They are currently married to others.
In April 1997, Gary and Robin agreed they would have joint legal custody of Kristopher. Robin was to have physical care. Gary was ordered to pay child support and given liberal visitation. The stipulation was approved by the district court and became a judgment in the matter.
Problems occurred with visitation in that Gary’s work schedule did not allow him to personally pick up Kristopher at the directed time and place. Robin refused to allow Gary’s wife or parents to pick up Kristopher for Gary’s visitation period.
Gary filed an application asking the court amend the decree to allow his wife or parents to pick up Kristopher when Gary was not able to. He further asked transportation costs be evenly divided.
The trial court made provision for Gary to pick up Kristopher at a later time with notification if his work schedule made the directed pick-up time difficult. The trial court further modified to provide Gary personally should pick up and deliver Kristopher. The trial court denied Gary’s request for help with transportation.
Gary appeals contending: (1) he should be allowed to designate another responsible adult to pick up Kristopher for visitation when his out-of-town work schedule makes it difficult or impossible for him to do so, and (2) Robin should share the transportation costs.
Robin responds she wants Gary to pick up Kristopher. She contends Gary’s current wife, Kimberly, asks Kristopher questions. Robin Advances “she is being cooperative in letting Gary have contact with Kristopher.” She objects to Gary not being present at all times during visitation. Robin contends Kimberly asks Kristopher to call her “mom.” Robin further objects to Kimberly because it is Robin’s position “Kimberly broke up her family with Gary.”
We review de novo. Iowa R.App. P. 4. Prior cases have little precedential value, arid we must base our decision primarily on the particular circumstances of the parties presently before us.
In re Marriage of Weidner,
Successful parenting following a dissolution or termination of a relationship implicates far more than a parent’s ability to attend to the daily details of raising a child.
In re Marriage of Kunkel,
Gary is a parent who is also a joint legal custodian. This gives him rights to Kristopher as well as responsibilities.
In re Marriage of Westcott,
Robin and Gary must be reasonable with each other.
See In re Marriage of Fite,
We also recognize Robin has a right to know who Gary has designated to pick up Kristopher and he should notify Robin by telephone at or near the visitation and identify the person who will be doing so. These are rights inherent in joint legal custody and need not be spelled out in a decree to be enforceable. These are things reasonable people understand.
This issue should not have to reach this court. It is an issue that should have been resolved between two reasonable parents. A custodial parent who is unreasonable in this regard thwarts the child’s visitation with the non-custodial parent. Unreasonableness can result in a loss of physical care.
See Kunkel,
Robin’s bitterness toward Kimberly for allegedly breaking up her relationship with Gary is a type of petty difference that must be put aside. Kimberly, as Gary’s current wife and the mother of Kristopher’s half-brother, will be a part of Kristopher’s life. Kristopher’s well-being requires his parents and stepparents to act reasonably with and to each other on issues dealing with his care.
There is nothing in this record to show Gary proposed child care providers or family members for the purpose of picking up or delivering Kristopher who are not responsible people. The restriction placed by the trial court limiting Gary as the sole person to pickup and deliver Kristopher is stricken.
Gary next contends transportation costs should be divided. He advances he drives 180 miles on a weekend to pick up and deliver Kristopher. Gary lives in Independence, Iowa, and Robin lives in Waterloo. Robin contends to provide transportation would cause her to lose time from work and create a financial hardship.
This is a modification action. To justify a change in visitation, Gary must show there has been a change of circumstances since the initial decree.
In re Marriage of Fortelka,
Gary and Robin have both requested attorney fees incurred as the result of this appeal. An award for attorney fees is not a matter of right but rests with the court’s discretion and depends on the parties’ respective financial circumstances and ability to pay.
In re Marriage of Eastman,
AFFIRMED AS MODIFIED.
