 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
In re Marriage of Bode11/23/2005
Appellant Karen Bode appeals the district court's decision to modify the 1996 dissolution decree dissolving her marriage to Steven Bode by transferring physical care of the parties' two children to Steven and ordering her to pay child support. AFFIRMED.
Heard by Sackett, C.J., and Vogel and Eisenhauer, JJ.
Appellant, Karen Bode, appeals challenging the district court's decision to modify the 1996 dissolution decree dissolving her marriage to Steven Bode by transferring physical care of the parties' two children, Ryan, born in 1990, and Ashley, born in 1992, to Steven and ordering her to pay child support . She contends the evidence does not support the modification and, alternatively, if the district court is affirmed she should be awarded further visitation. She also requests attorney fees on appeal. We affirm.
When the dissolution decree was entered the district court awarded Steven primary physical care of the two children. The children remained in Steven's physical care until 1998 when this court reversed the district court and placed primary physical care with Karen. In re Marriage of Bode, No. 96-1747 (Iowa Ct. App. Feb. 25, 1998). The children have lived with their mother at three separate addresses in the Des Moines area since 1998. Karen has been involved in the children's lives and at the time of the modification hearing they were doing well in school.
Steven filed the application for modification that led to this appeal in April of 2003, contending there was a material change in circumstances that warranted changing the primary physical care of Ryan and Ashley to him and asking that he be awarded their primary care or, in the alternative, that he be awarded Ryan's primary physical care.
In October of 2003 the district court appointed attorney Mark Laddusaw to serve as a guardian ad litem for the children. The matter came on for hearing in May of 2004. Steven testified his primary reasons for seeking physical care were the fact Ryan no longer wanted to live with his mother and his concern with Karen's substance abuse problems. Karen basically denied the problems existed.
Steven had expected Karen to bring the children with her on the day of the hearing so they could testify or the judge could have an opportunity to visit with them. Karen had Ashley with her but not Ryan. Karen claimed she got mixed signals from her attorney and the guardian ad litem about whether she should bring the children. The court left the record open for the children's depositions.
The guardian ad litem, after a careful study, recommended that Ryan be in his father's custody and Ashley remain with her mother. Subsequently the children's depositions were taken and submitted.
The children, most particularly Ryan, related concern with his mother's drinking, noting instances of her drinking to intoxication and hiding vodka in the home. Karen had been convicted of operating while intoxicated (OWI) and as a result had an ignition intoxolock system installed in her car. Ryan reported that one time Karen had him blow into the system so she could start the car. Ryan also related concerns about two times when she had men stay in their home. Ryan indicated a strong preference to be with Steven. Ryan also testified that on the day of the hearing he was dressed and wanted to go to Algona with his mother and sister but Karen locked him out of the car and he stayed home alone that day and did not go to school. Karen had testified at the modification hearing that Ryan could not come to the hearing because he had a school project.
Ashley, in her deposition, also testified she was concerned about her mother's drinking and detaile
Page 1 2 3 4 5 6 Iowa DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|