from the Iowa District Court for Dubuque County, Thomas A.
mother appeals from a decree of paternity, custody,
visitation, and support.
J. Murphy, Dubuque, for appellant.
Jessica L. McNamara of Fuerste, Carew, Juergens &
Sudmeier, P.C., Dubuque, for appellee.
Considered by Vaitheswaran, P.J., and Doyle and Bower, JJ.
mother appeals from the district court's decree of
paternity, custody, visitation, and support. She asserts she
should have been granted physical care of the parties'
child. We affirm.
Blasco and Nichole Webb are the parents of A.J.B., born in
2012. The parents never married but lived together for about
a year. While they were together, Raymond's work schedule
consisted of one week off for every two weeks of work.
Nichole did not work and Raymond financially supported the
family. Raymond continued to support Nichole and A.J.B. after
the parties separated: Nichole used his vehicle and Raymond
paid her rent and A.J.B.'s expenses. Nichole also had
access to Raymond's checkbook. Raymond saw A.J.B. when he
was not working.
suffered heart failure in 2014 and was on disability from
2014 to 2017. In 2014 and 2015, Raymond compiled a number of
alcohol-related offenses and was jailed for about ten months,
completing his sentence in August 2016. He asserts he no
longer drinks alcohol and has not since 2015.
2016, Nichole had a child with Sean Oliver. In November 2016,
Oliver threatened to kill Nichole while chasing her with
knives; Oliver's child and A.J.B. were present at the
time. She obtained a protective order against Oliver but
asked that it be dropped two weeks later. She later sought a
second protective order against Oliver. Nichole did not
inform Raymond of the domestic violence or the protective
orders-he learned of the incident when the department of
human services contacted him.
January 11, 2017, Raymond filed a petition seeking physical
care of A.J.B. On April 11, the court entered a temporary
custody order granting the parties joint physical care. The
court ordered A.J.B. was not to be in Oliver's presence
unsupervised. Trial was scheduled for December 20, 2017.
However, Nichole's attorney was allowed to withdraw on
October 13. New counsel filed an appearance on October 25,
2017. At Nichole's request, trial was reset for August
28, 2018. Nichole again sought to continue trial on August
23, 2018. Raymond resisted and the court denied the motion.
was held on August 28, 2018. At the time of trial, Raymond
was thirty-one years old. Raymond married Angela on March 29,
2017. They reside with their eleven-month-old son in Kieler,
Wisconsin. Raymond works full-time at Newt Marine in Dubuque,
Iowa, as a deck hand and makes $57, 000 a year. For five to
six months each year, his work schedule is seven days on and
seven days off and while working he resides in a camper about
four hours away from home. The other six months of the year,
he resides full time in Kieler and works in Dubuque with a
7:30 a.m. to 3:30 p.m. schedule.
lives with two of her four children and her sister, who moved
into the home Nichole rents in Holy Cross, Iowa. Nichole is
not in school and does not have a job. She has a certified
nursing assistant certification. The last job Nichole held
was at ABC Learning, where she worked for eight months before
she quit in March 2017. Before that, Nichole worked at a
Dubuque hotel for three months and W.S. Live for a
"little over two months." At the time of trial,
Nichole was engaged to Martin Jaeger, whom she has been
dating since June 2017. Martin lives in Dubuque with his
mother, where he has lived off and on for ten years, and has
worked at Dubuque Stamp for three months. Nichole testified
she expected Martin to move in with her and the children at
some point in the future.
is very active and, perhaps, hyperactive. He exhibits
behavioral control problems, has an individual education plan
at school, has been seeing a counselor for about two years,
and receives behavior health intervention services in the
parents' homes. Changes in routine and ...