from the Iowa District Court for Muscatine County, Thomas G.
appeals from a decree establishing paternity, custody, and
support. AFFIRMED AS MODIFIED AND REMANDED.
S. Gallagher and Peter G. Gierut of Gallagher, Millage &
Gallagher, P.L.C., Bettendorf, for appellant.
L. Clausen and Ryan M. Beckenbaugh of H.J. Dane Law Office,
Davenport, for appellee.
Considered by Potterfield, P.J., and Bower and McDonald, JJ.
Brown appeals from the district court's ruling on her
petition to establish paternity, custody, visitation, and
child support with respect to her child L.I. In the
challenged ruling, the district court established paternity
of the child in Layne Irwin, granted the parties joint legal
custody of the child, granted the parties joint physical care
of the child, ordered visitation with the child, and ordered
child support. On appeal, Brown challenges the physical care
review is de novo. See Iowa R. App. P. 6.907; In
re Marriage of Sullins, 715 N.W.2d 242, 247 (Iowa 2006).
"We review the entire record and decide anew the factual
and legal issues preserved and presented for review."
Hensch v. Mysak, 902 N.W.2d 822, 824 (Iowa Ct. App.
2017). However, "[w]e give weight to the findings of the
district court, especially to the extent credibility
determinations are involved." In re Marriage of
Hansen, 733 N.W.2d 683, 690 (Iowa 2007).
record reflects the following. Brown and Irwin met in 2014 in
Kirksville, Missouri. Brown resided in Kirksville and worked
as a bartender. Irwin resided in Davenport but spent time in
Kirksville while working as an electrician on a project.
Irwin frequented the bar where Brown worked when he was in
Kirksville. They met, and they commenced a long-distance
parties continued their long-distance relationship until
shortly after L.I.'s birth in July 2015. At that time,
the parties decided Brown (and her two older sons from prior
relationships) would move to Iowa and the parties would
reside together. In anticipation of Brown's move, Irwin
purchased a home in Wilton, Iowa. Brown and her three sons
moved from Kirksville to Wilton into Irwin's home.
parties cohabited until May 2017. At that time, Brown filed
the petition at issue in this appeal, seeking physical care
of L.I. Brown also filed a motion seeking permission to move
back to Kirksville with L.I. Without waiting for a ruling on
her motion, Brown vacated the family home and moved with all
three children back to Kirksville. Kirksville is
approximately 180 miles from Wilton. Irwin sought a temporary
injunction to prohibit the move. The district court entered
an order on temporary matters directing the parties to
alternate care of L.I. on a weekly basis until the matter was
resolved. The parties alternated care of the child as ordered
by the district court.
trial, the district court awarded the parties joint physical
care of the child on an alternating-week basis. However, the
district court ordered the child to attend school in Wilton
and ordered Irwin to pay Brown's relocation expenses. The
relevant portion of the order follows:
[u]nder these circumstances, the Court finds that joint
physical care shall be awarded to the parties. The parties
shall continue to alternate weeks. The minor child shall
attend school in Wilton, Iowa unless otherwise agreed upon by
the parties. If Robyn relocates to the Wilton area, Layne
shall provide Robyn $2, 000 to assist with the move and the
costs of a new residence. Layne shall provide this amount to
Robyn within 10 days of the request. Robyn does not have to
provide proof to Layne of any costs associated with the move
or the new residence. When the parties live within thirty
miles of each other, the party not exercising a one- week
block of parenting time shall be entitled to a midweek visit
from after school (4:00 p.m. in the summertime) until 7:30
effect, the district court ordered Brown to return to Iowa or
to file a modification petition before L.I. enrolled in
school. The district court deemed this the best resolution
because of Wilton's "excellent educational
system," state-assisted daycare programs, Brown's
oldest son's ...