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DON'T ACT A FOOL IN MIDDLE OF CUSTODY BATTLE

Iowa Court of Appeals Upholds Dad Getting Primary Care

June 27th, 2013

Annissa Robinson had been the primary physical caregiver to her children during the parties' six year marriage. However, the Iowa Court of Appeals upheld the trial court's decision to vest physical care of the parties' minor children with their Dad. In reaching the decision the Court noted that "stability and continuity of caregiving are important factors that must be considered in custody and care decisions." In re Marriage of Hansen, 733 N.W.2d 683, 696 (Iowa 2007). They found that although Annissa had been the primary caregiver to the children, she was the less stable parent. The evidence showed that during the pendency of the action she attempted to force herself into Jade's residence, attempted to damage his vehicle in his driveway, and violated a protective order, which had been entered against her.

Divorces can be emotionally charged; however, as this case demonstrates it's important to keep your cool if you are going to argue that your children should be in your primary care.

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