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| City of Emmetsburg v. McShea, No. 7-265 / 06-0754,
COURT OF APPEALS OF IOWA, August 8, 2007, Filed
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Overview: Court erred in finding State of Iowa to be record title holder of shoreline property in city's quiet title suit because while city established prescriptive easement under Iowa Code § 564.1 for roadway between fill and original shoreline, it did not show that either it or State were entitled to acquire balance of property through adverse possession.
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| Elin v. Seedorff, No. 7-360 / 06-1182,
COURT OF APPEALS OF IOWA, August 8, 2007, Filed
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Overview: Award of joint physical care of a child under Iowa Code § 598.1(4) was in the child's best interests because the record showed the father was an active and caring father, and although the mother had more primary care experience in specific relation to the child, the father had ample experience caring for both the child and his other child.
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| Hardie v. St. Germain, No. 7-441 / 07-0076,
COURT OF APPEALS OF IOWA, August 8, 2007, Filed
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Overview: Court did not err in finding mother's move to Arizona was significant change in circumstances and modifying joint physical care arrangement finding father presented evidence of a more stable employment situation, housing, and child care arrangements and court was concerned about mother's past relationship with abusive man and cooperation problems.
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| In re M.P., No. 7-512 / 07-0909,
COURT OF APPEALS OF IOWA, August 8, 2007, Filed
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Overview: Parental rights were properly terminated under Iowa Code § 232.116 because the mother suffered from serious mental health issues, she had problems with anger management, she failed to take medication, and the father failed to participate in services designed to safely return the children to the mother and him, or to him alone if necessary.
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| In re Marriage of Amenell, No. 7-288 / 06-1477,
COURT OF APPEALS OF IOWA, August 8, 2007, Filed
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Overview: In a marital dissolution action, court erred in awarding physical care of child to husband under Iowa Code § 598.1(7) where awarding physical care to the wife would allow child to remain with parent who had been his primary care provider since birth. Husband's history of domestic and alcohol abuse weighed heavily against awarding him physical care.
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| In re Marriage of Dally, No. 7-426 / 04-0607,
COURT OF APPEALS OF IOWA, August 8, 2007, Filed
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Overview: Modified visitation schedule reducing father's weekend visitation to 1 weekend a month and from 6 to 5 weeks in summer was reasonable and in child's best interests; it balanced realities of child's busy schedule and distance between parties' with Iowa Code § 598.41(1)(a) preference of maximum continuing physical and emotional contact with parents.
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| In re Marriage of Pinkal, No. 7-432 / 06-1555,
COURT OF APPEALS OF IOWA, August 8, 2007, Filed
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Overview: Court did not err in marital dissolution action in awarding spousal support to wife under Iowa Code § 598.21(5); at 66 years old, she was employed only four days per week in job that paid $ 8.25 per hour. Without substantial spousal support, she would not be self-supporting at a standard of living comparable to the one enjoyed during the marriage.
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| In re N.M., No. 7-520 / 07-0969,
COURT OF APPEALS OF IOWA, August 8, 2007, Filed
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Overview: A mother's parental rights were properly terminated under Iowa Code § 232.116 because she had been offered numerous services, including a substance abuse assessment and treatment, supervised visitation, and a psychosocial evaluation, but she only sporadically accessed services, and her commitment to and participation in treatment was minimal.
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| In the Interest of D.W., No. 7-523 / 07-0966,
COURT OF APPEALS OF IOWA, August 8, 2007, Filed
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Overview: In a child in need of assistance case, court properly refused father's request to modify dispositional order by placing child in his custody where father failed to show change in circumstances; the father failed to be vigilant in protecting the child from exposure to cigarette smoke, which could be dire for the child, who had respiratory problems.
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| In the Interest of E.P.S, No. 7-518 / 07-0947,
COURT OF APPEALS OF IOWA, August 8, 2007, Filed
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Overview: Trial court did not err in terminating father's parental rights under Iowa Code §§ 232.116(1)(e), (f), and (l) as, inter alia, both arson incident and the incident with wife were done after he had consumed alcohol and without more assurance his substance abuse problems and violence were in his past, the girls could not be returned to his custody.
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