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In Re the Marriage of Chad Schwanz and Cristina M. Schwanz

IN THE COURT OF APPEALS OF IOWA


February 27, 2013

IN RE THE MARRIAGE OF CHAD SCHWANZ AND CRISTINA M. SCHWANZ UPON THE PETITION OF CHAD SCHWANZ, PETITIONER-APPELLANT, AND CONCERNING
CRISTINA M. SCHWANZ, RESPONDENT-APPELLEE.

Appeal from the Iowa District Court for Sac County, Gary L. McMinimee, Judge.

The opinion of the court was delivered by: Eisenhauer, C.J.

Chad Schwanz appeals from the dissolution decree providing for joint physical care of the parties' three children. AFFIRMED.

Considered by Eisenhauer, C.J., and Vogel and Vaitheswaran, JJ.

Chad Schwanz appeals from the dissolution decree providing for joint physical care of the parties' three children. He contends the court erred in finding joint physical care was in the children's best interests. On de novo review, In re Marriage of Hynick, 727 N.W.2d 575, 577 (Iowa 2007), we affirm.

Chad and Cristina married in 2005. Their first child was born in 2007. Twins were born in 2008. In March 2011 Chad petitioned for dissolution of the marriage.

Following trial on the petition in March 2012, the district court entered its decree in May dissolving Chad and Cristina's marriage. The decree provided, in relevant part, for joint legal custody and shared physical care of the parties' children. On appeal, Chad challenges the shared physical care, contending it is not in the children's best interests and seeking physical placement of the children with him.

On our de novo review, we find the district court decree identified and considered the relevant issues presented concerning shared physical care. The district court considered the appropriate factors when it made its physical care determination, and we approve of the findings and conclusions stated in the decree. Accordingly, we affirm without opinion. See Iowa R. App. P. 6.1203(a), (d).

Cristina seeks an award of appellate attorney fees. Appellate attorney fees are not a matter of right, but rest in the appellate court's discretion. See In re Marriage of Okland, 699 N.W.2d 260, 270 (Iowa 2005). Given the financial situation of the parties and that Cristina was obligated to defend the decree on appeal, we award her $1000 in appellate attorney fees. See In re Marriage of Hankenson, 503 N.W.2d 431, 434 (Iowa Ct. App. 1993). Costs on appeal are taxed to Chad.

AFFIRMED.

20130227

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