IN RE THE MARRIAGE OF TRISHA ROSE WEIER AND NICHOLAS JEFFREY WEIER Upon the Petition of TRISHA ROSE WEIER, n/k/a TRISHA ROSE IVERSEN, Petitioner-Appellee, And Concerning NICHOLAS JEFFREY WEIER, Respondent-Appellant.
from the Iowa District Court for Crawford County, Tod J.
father challenges the physical care and visitation provisions
of an order modifying his divorce decree.
Michael J. Riley and Bryan D. Swain of Salvo, Deren, Schenck,
Gross, Swain & Argotsinger, P.C., Harlan, for appellant.
Sailer of Reimer, Lohman, Reitz, Sailer & Ullrich,
Denison, for appellee.
Considered by Tabor, P.J., and Mullins and May, JJ.
Weier appeals the modification order placing physical care of
their two sons with his ex-wife Trisha Iversen. Nicholas
contends he would be the superior caregiver and that granting
him physical care would "minimize the change in the
children's lives." In the alternative, Nicholas asks
for additional visitation time. After our independent review
of the record and issues raised, we concur in the opinion of
the district court that granting Trisha physical care is in
the children's best interests. We also decline to alter
the visitation schedule.
Facts and Prior Proceedings
and Trisha married in 2011 and divorced in 2015. They have
two children in common: E.W., born in 2012, and O.W., born in
2013. At the time of the divorce, both parents lived in the
Denison area and shared custody of the children. The decree
incorporated their stipulation for joint physical care.
2018, Nicholas sought to modify the decree to address
Trisha's planned move to Bancroft, which was just shy of
150 miles from Denison. The move related to a career
advancement for Trisha's new husband, Trent. But Trisha,
a registered nurse, also found a job there with better pay
and more flexible hours. Trisha and Trent have a daughter,
who was born in 2016. According to Trisha, E.W. and O.W. are
protective of their little sister. The district court found
Trent had a positive relationship with the boys.
the divorce, Nicholas stayed in the marital home, which is
situated on sixteen acres. His job as a self-employed seed
salesman afforded him flexible hours. In Crawford County,
Nicholas has extended family who are close to the boys. On
the negative side, Nicholas received his second and third
convictions for operating while intoxicated (OWI) since the
divorce. The district court also noted the "hurried
manner" in which Nicholas decided to cohabitate with new
time of the modification hearing, O.W. was in preschool and
E.W. was in first grade. E.W.'s teacher noticed that he
was showing "a lot of anxieties" and struggled
"attention-wise." A psychiatrist diagnosed him with
attention deficit disorder and prescribed medication. Trisha
believed that the medication helped their son concentrate
better, but Nicholas disagreed that E.W. needed the
medication. Trisha also took E.W. for counseling sessions.
She advised Nicholas of the appointments, but he opted not to
hearing from both parents, the district court decided
Trisha's approach to co-parenting supported an award of
physical care to her. The court awarded Nicholas liberal
visitation rights. Nicholas now appeals.
Scope and ...