Brandon Michael Skaggs v. Kodi Jo Carson

CourtCourt of Appeals of Iowa
DecidedMay 27, 2026
Docket25-1282
StatusPublished

This text of Brandon Michael Skaggs v. Kodi Jo Carson (Brandon Michael Skaggs v. Kodi Jo Carson) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brandon Michael Skaggs v. Kodi Jo Carson, (iowactapp 2026).

Opinion

IN THE COURT OF APPEALS OF IOWA _______________

No. 25-1282 Filed May 27, 2026 _______________

Brandon Michael Skaggs, Plaintiff–Appellant, v. Kodi Jo Carson, Defendant–Appellee. _______________

Appeal from the Iowa District Court for Linn County, The Honorable Sean McPartland (temporary chapter 598C order) and The Honorable Valerie L. Clay (modification order), Judges. _______________

AFFIRMED _______________

Thomas J. Viner (argued), Cedar Rapids, attorney for appellant.

Rae M. Kinkead (argued) of Simmons Perrine PLC, Cedar Rapids, attorney for appellee. _______________

Heard at oral argument by Ahlers, P.J., and Buller and Langholz, JJ. Opinion by Langholz, J.

1 LANGHOLZ, Judge.

Brandon Skaggs and Kodi Carson are unmarried parents of a now-six- year-old daughter. After the district court awarded joint legal custody and placed the daughter in Carson’s physical care in November 2021, Skaggs petitioned to modify the custody-and-support order to place the daughter in the parents’ joint physical care. While that modification petition was pending in December 2023, Carson—who has served in the Iowa National Guard since before the parties met—received orders to deploy to Kosovo for nine months. And after an expedited hearing under Iowa Code Chapter 598C (2023), the court granted Carson’s request to give temporary caretaking authority to her mother during her deployment and denied Skaggs’s request for temporary physical care. By the time of the January 2025 modification trial, Carson’s deployment had ended. And the court denied Skaggs’s modification petition because he failed to show a substantial change in circumstances warranting modification and awarded Carson attorney fees. Skaggs appeals both the temporary chapter 598C and modification orders.

Because the public-importance exception to the mootness doctrine applies, we elect to reach the merits of Skaggs’s challenge to the temporary chapter 598C order even though it is now moot. And on our de novo review, we agree with the district court that section 598C.305 authorizes granting caretaking authority here because the statutory requirements were met and doing so was in the daughter’s best interest. We also agree that Skaggs failed to show a substantial change in circumstances warranting a modification of the current custody order. The district court did not abuse its discretion in awarding trial attorney fees to Carson. And given the parties’ respective abilities to pay and Carson’s success on appeal, we also award her appellate attorney fees. We thus affirm the district court’s orders.

2 I. Background Facts and Proceedings

Skaggs and Carson had a short-term relationship while in their early twenties that resulted in the birth of a daughter in July 2019. Their relationship quickly deteriorated. And the next month, Skaggs petitioned under Iowa Code chapter 600B to establish custody, place the daughter in the parties’ joint legal custody and Skaggs’s physical care, and set the parties’ support obligations. After a two-day trial, the district court’s November 2021 order instead placed the daughter in Carson’s physical care with visitation for Skaggs on alternating weekends and for three week-long periods in the summer. Skaggs appealed, and our court affirmed. See Skaggs v. Carson, No. 22-1075, 2022 WL 17481854, at *1 (Iowa Ct. App. Dec. 7, 2022).

Throughout this time, Carson was a member of the National Guard. Indeed, she joined when she was eighteen—long before meeting Skaggs. Because of her service, she spent much of 2022—roughly nine months— assigned to National Guard training in Texas for a new flight medic position. The daughter lived with Carson in Texas for some of that time and stayed with Carson’s mother in Iowa other times, with Carson’s mother transporting her back and forth for Skaggs’s scheduled visitation. Conflict developed between the parties over these arrangements, and in May, Skaggs filed for contempt. But the parties ultimately reached an agreement for a modified visitation schedule and Skaggs dismissed his contempt action.

In February 2023—shortly after Carson returned from her National Guard training in Texas and the conclusion of Skaggs’s appeal of the original custody-and-support order—Skaggs petitioned to modify the order, again seeking joint physical care. In September, a modification trial was scheduled for January 2025.

3 Things came to a head again in December 2023 when Carson received notice that she was to be deployed to Kosovo for another nine months. She was to leave—initially for Texas—later that month and would return in October 2024. Seven days after receiving her mobilization orders, Carson emailed them to Skaggs. And the parties and their lawyers tried to reach an agreement about plans for their daughter’s care. Carson proposed that her mother care for the daughter in her absence along with some increased visitation for Skaggs; Skaggs proposed placing her in his physical care for the deployment. When they failed to reach an agreement, Skaggs applied for a temporary order under Iowa Code section 598C.301, placing the daughter in his physical care during the deployment. Carson resisted and argued that the court should instead grant caretaking authority to her mother under Iowa Code section 598C.305.

After an expedited hearing—at which Carson appeared remotely from Texas—the court denied Skaggs’s request and granted Carson’s request to give her mother temporary caretaking authority for the deployment with no other change to the visitation schedule. The court reasoned that absent chapter 598C, prior supreme court precedent “would dictate and mandate placement of the child with Mr. Skaggs during the period of Ms. Carson’s deployment”—but “the provisions of the statute require the Court here to grant Ms. Carson’s request that the child be placed in the temporary care of [Carson’s mother] until Ms. Carson’s deployment ends.” The court explained that in deciding the best interest of the daughter, it looked to the statutory factors in Iowa Code section 598C.305(4). And in weighing those factors, Carson had “met her burden of establishing that the best interest of the child also favors the placement of the child with the nonparent provider [Carsons’s mother].”

4 Skaggs unsuccessfully moved for reconsideration and then filed a notice of appeal of the district court’s temporary chapter 598C order. But Carson moved to dismiss the appeal. And in April 2024, the supreme court issued an order, signed by one justice, ruling: “The court determines the challenged order is a temporary order that is not appealable as a matter of right. Treating the appellant’s notice of appeal and resistance as an application for interlocutory appeal, the application is denied.” Skaggs did not seek review of the single-justice order. See Iowa R. App. P. 6.1002(5)(b) (authorizing review of a single-justice order upon motion of a party within ten days). So the temporary chapter 598C order stayed in effect for Carson’s deployment.

Carson returned from the deployment in October 2024 as expected. And then, Skaggs’s underlying modification petition was tried to the court in January 2025. Carson represented herself at trial; Skaggs had an attorney.

The court denied Skaggs’s request to modify the November 2021 order to place the daughter in the parties’ joint physical care because he had failed to prove a “substantial change in circumstances not contemplated by the court or the parties when [the November 2021 order] was entered.” The court found that the circumstances were “relatively unchanged” since the original 2021 trial. And it reasoned: [Carson’s] deployments were not unforeseen. Occasional active duty deployments are part and parcel with service in the National Guard.

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Brandon Michael Skaggs v. Kodi Jo Carson, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brandon-michael-skaggs-v-kodi-jo-carson-iowactapp-2026.