The Iowa Court of Appeals' recent decision in Moraine v. Fogwell, published July 26, 2006, demonstrates the impact that a custodial parent's relationship with a significant other can have on a custody determination.
Both parents in Moraine v. Fogwell sought physical custody of three year-old Abigail. Both had comparable educations and full-time employment. The mother also worked a part-time job in addition to her full-time employment and was attending the local area community college to advance her education.
The father resided with his grandmother for most of his life and, at the time of trial, the mother resided with her boyfriend Justin. Justin was still married (albeit, in the middle of a divorce) but had committed acts which weighed in on the court's decision. These include pleading guilty to fraud charges, failing drug tests, failing to comply with terms of his probation, and commiting domestic abuse during an argument with his wife.
The Iowa court's consideration is always the child's best interest. The court concluded that although Abigail had a significant bond with both parents, the custody evaluator's recommendation that Abigail be placed with her father coupled with the above-noted facts and the father's demonstrated commitment to his daughter (he attended parenting classes and improved communication with Abigail's mother)supported the trial court's award of physical custody of the father.
The lesson to be learned: be careful of who you date and follow your attorney's recommendations to strengthen your case.
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Jennifer Jaskolka-Brown, an Iowa attorney located at 6601 Westown Parkway, Suite 200, West Des Moines, Iowa, (515) 247-4705, practices in general civil litigation with an emphasis in Iowa Family Law issues. She provides guidance in family law matters from divorce, paternity, disestablishment of paternity to adoption,and guardianships. She also provides representation in a wide-variety of civil litigation issues.
