Modification of Physical Placement

The parent seeking modification of physical care must show an ability to administer more effectively to the children’s needs. In re Marriage of Grantham, 698 N.W.2d 140, 146 (Iowa 2005).

In choosing which parent should be awarded physical care of children, the factors of continuity, stability, and approximation are entitled to considerable weight. See In re Marriage of Hansen, 733 N.W.2d 583 (Iowa 2007).

Under the dissolution decree, when both parents have been found suitable to render primary care, the question becomes which parent can render better care. See Melchiori v. Kooi, 644 N.W.2d 365, 368 (Iowa Ct. App. 2002).

In re Marriage of Kirk, 508 N.W.2d 105, Iowa App.,1993., (pg. 108) The ruling addresses the transfer of placement from the mother to the father after the mother was found guilty of denial of visitation. This case shows action taken previously by the court regarding denial of visitation. “The power of the court to impose sanctions for failure to abide by its orders is essential to the efficient discharge of judicial functions.”   

In Re Marriage of Quirk-Edwards 509 N.W. 2d. 476, Iowa, 1993. (pg. 480) “If visitation rights of the non custodial parent are jeopardized by the conduct of the custodial parent, such acts could provide an adequate ground for a change of custody.”

In re Marriage of Udelhofen, 444 N.W.2d 473, 474-75 (Iowa 1989) The Court changed custody to the father based on outrageous conduct by mother disparaging father to his child.

In re Marriage of Leyda, 355 N.W.2d 862, 866 (Iowa 1984) The Court changed custody from mother to father based on proof of alienation of child from father. 

Unreasonableness to communicate can result in a loss of physical care.  In re Marriage of McKeon, No. 2-736 / 02-0185 (Iowa Ct. App. 2002). In re Marriage of Kunkel, 555 N.W.2d 250, 253 (Iowa App. 1996).

A custodial parent who is not willing to be cooperative with a non-custodial parent in arranging visitation generally has a lack of cooperation held against him or her in a custody dispute.  In re Marriage of Walton, 577 N.W. 2d 869, 870 (Iowa Ct. App. 1998); In re Petition of Holub, 584 N.W. 2d. 731, 733 (Iowa Ct. App. 1998).