Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re Marriage of Rossow

Court of Appeals of Iowa

August 16, 2017

IN RE THE MARRIAGE OF LINDA ELIZABETH ROSSOW AND DANIEL MICHAEL ROSSOW Upon the Petition of LINDA ELIZABETH ROSSOW, Petitioner-Appellant, And Concerning DANIEL MICHAEL ROSSOW, Respondent-Appellee.

         Appeal from the Iowa District Court for Polk County, David M. Porter, Judge.

         Linda Rossow appeals the physical-care provisions of the decree dissolving her marriage to Daniel Rossow. AFFIRMED.

          Andrew B. Howie of Shindler, Anderson, Goplerud & Weese, P.C., West Des Moines, for appellant.

          Eric G. Borseth of Borseth Law Office, Altoona, for appellee.

          Considered by Vaitheswaran, P.J., and Tabor and Mullins, JJ.

          MULLINS, Judge.

         Linda Rossow appeals the physical-care provisions of the decree dissolving her marriage to Daniel Rossow, which ordered physical care of the parties' children with Daniel. We affirm.

         I. Background Facts and Proceedings

         Linda, born in 1986, and Daniel, born in 1980, met in 2005 and married in 2007. The parties have three children, born in 2007, 2009, and 2011. It was the first marriage for both parties. Linda and Daniel began living together in Chicago. They moved to Des Moines in 2009, moved back to Illinois for about a year, and then moved permanently to Iowa in 2011. Both parties live, and the children attend school, in Des Moines.

         During the marriage, Linda obtained two bachelor's degrees and a master's degree in "K through 12 school counseling." Linda works as a ninth grade teacher at Lincoln Rails Academy, where she earns $57, 000 per year. Daniel obtained an associate of arts degree, and he planned to get a four-year degree. Daniel was interested in attending medical school after obtaining his four-year degree. Daniel worked for Goodwin Tucker, Dish Network, and Life Time Athletic during the marriage. The record reflects most of Daniel's employment changes were precipitated because Daniel's work schedule was not conducive to the family's schedule.[1] He currently works at Athene Annuities, Inc., where he earns $30, 000 per year.

          Throughout the marriage, in part due to Linda's education and employment endeavors, Daniel was responsible for the majority of the children's day-to-day caregiving and household tasks. It is apparent, however, that both parties were greatly involved in the children's lives. Daniel's father, Michael, also provided care for the children on a regular basis, at least three times each week.

         Problems between the parties escalated in December 2015, when Daniel acknowledged the parties' relationship was deteriorating and told Linda he wanted to get divorced. They attended counseling sessions. Linda was angry and "blindsided"; she filed a petition for dissolution of marriage on January 5, 2016. Two days later, Linda filed a petition for relief from domestic abuse, [2]alleging Daniel "threatened to hurt me, take assets, has a handgun, has held me down with in the past"; Daniel was "displaying erratic behavior, " "screaming" at her, Daniel had engaged in "past physical abuse, " emotional abuse and distress"; Daniel did "not value the children's lives"; and the department of human services (DHS) "deemed home unsafe because of" Daniel.[3] The district court entered a temporary protective order that same day.

         On February 23, 2016, a temporary order was entered upon agreement of the parties, awarding Linda possession of the marital home and physical care of the children. Daniel was ordered to not enter the marital home without Linda's permission. Daniel was awarded visitation Sunday afternoons and Tuesdays after school until 8:00 p.m. until he got an apartment, at which time he was awarded visitation every other weekend and one night during the week. The temporary order also contained a "mutual order of restraint" between the parties. As a result of that agreement, the petition for relief from domestic abuse and temporary order were dismissed.

         Trial took place in August 2016. The main issue before the court was which party would receive physical care of the children. Linda appeared pro se and testified on her own behalf. She testified at length about her "reputation, " work history, and her ability to provide for the children. Linda testified she never wanted to move to Iowa and she only moved because Daniel wanted to. Linda discussed her numerous family members and friends in Chicago, and she testified her parents had offered to give her their five-bedroom house in Chicago to live with the children. Linda stated the house was in "an excellent school district" in a "fantastic suburb, very diverse." According to Linda, "pending [she] can get a job" in Chicago, she was "looking at doubling [her] salary." Linda requested the court allow her to move to Chicago with the children at the end of the 2016-2017 school year. She stated she "will be very fair with visitation." She proposed that Daniel move to Chicago and have ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.