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In re Marriage of Walker

Court of Appeals of Iowa

November 22, 2017

IN RE THE MARRIAGE OF MARY KAY WALKER AND BRETT ALAN WALKER Upon the Petition of MARY KAY WALKER, Petitioner-Appellee, And Concerning BRETT ALAN WALKER, Respondent-Appellant.

         Appeal from the Iowa District Court for Polk County, Douglas F. Staskal, Judge.

         Brett Walker appeals the district court's denial of his petition to modify the visitation provision of a dissolution decree. AFFIRMED.

          Scott D. Fisher of Fisher Law Firm, P.L.C., Urbandale, for appellant.

          Timothy M. Duffy of Timothy M. Duffy, P.C., Des Moines, for appellee.

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

          VAITHESWARAN, Presiding Judge.

         Brett Walker appeals the district court's denial of his petition to modify the visitation provision of a dissolution decree.

         I. Background Facts and Proceedings

         Brett has three convictions for domestic abuse assault. He and his wife Mary divorced in 2009. Under a stipulated decree, Mary obtained sole legal custody of the couple's four-year-old child as well as physical care of the child, subject to visitation with Brett every other weekend and one midweek overnight every week.

         Six years later, Brett filed a petition to modify the decree. He alleged a substantial change in circumstances since the entry of the decree, as follows:

(a) Brett has resided in a home in Johnston, Iowa, for five years consecutive.
(b) Brett has established a stable career.
(c) Mary has moved residences upwards of 12 times since 2009, and now currently resides with her adult son ...

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