In Re Marriage of Grandinetti

342 N.W.2d 876, 1983 Iowa App. LEXIS 1833
CourtCourt of Appeals of Iowa
DecidedOctober 25, 1983
Docket3-68918
StatusPublished
Cited by12 cases

This text of 342 N.W.2d 876 (In Re Marriage of Grandinetti) 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
In Re Marriage of Grandinetti, 342 N.W.2d 876, 1983 Iowa App. LEXIS 1833 (iowactapp 1983).

Opinion

SACKETT, Judge.

Respondent, Thomas G. Grandinetti, appeals from the dissolution decree, challenging the award of child custody to petitioner, Peggy Ann Grandinetti. Tom also contends that the trial court should have reopened the record to allow him to present evidence of Peggy’s receipt of a personal injury settlement after the decree was entered. We affirm.

The parties were married in 1968. They have two children: Tina, born in 1970; and Tony, born in 1973. Both parties seek custody of the children. The trial court awarded custody of both children to Peggy based upon a finding: (1) that Peggy was the primary caretaker of the children during the marriage; (2) that Tina’s relationship with her father was “very poor”; and (3) that Tom lacked insight and was “very rigid” in his thinking. Tom challenges the trial court’s custody decision on several grounds and urges this court to reverse the custody award below and grant Tom custody of both Tony and Tina.

I.

Our review of this equity case is de novo. Iowa R.App.P. 4. In child custody cases, the first and governing consideration of the court is the best interest of the children. Iowa R.App.P. 14(f)(15). When considering the credibility of witnesses, we give weight to the trial court’s findings of fact but are not bound by them. Iowa R.App.P. 14(f)(7).

In challenging the trial court’s custody decision, Tom first argues that the record was “so rife with irrelevant, nonfactual, improperly founded, conclusory, insufficient and hearsay evidence as to make the custody decision reversible as not founded on proper evidence.” Upon a review of the evidence considered by the trial court, we find this argument to be without merit.

Tom next argues that the evidence presented to the trial court “indicated a compelling reason why splitting child custody would have been appropriate rather than summarily applying the usual rule of not splitting custody of siblings.” In reviewing this custody decision, the focus must be the best interests of the children involved. Iowa R.App.P. 14(f)(15). In attempting to foster children’s best interests, the court ordinarily attempts to keep children of broken homes together. In re Marriage of Jones, 309 N.W.2d 457, 461 *879 (Iowa 1981). The underlying rationale is that split custody deprives children of the benefit of constant association with each other which, as innocent victims of marital bankruptcy, they should not lightly be subjected to. In re Marriage of Wahl, 246 N.W.2d 268, 270 (Iowa 1976). This rule has been held to not be immutable, but may be departed from if there exist good and compelling reasons. In re Marriage of Burham, 283 N.W.2d 269, 276 (Iowa 1979). Applying this rationale to the present situation and after reviewing all the evidence which was before the trial court, we find that it was correct in its finding that split custody would not be in the best interest of Tina and Tony. There appear to be no persuasive circumstances justifying or necessitating the separation of Tina and Tony. While the expert witness hired by Tom recommended split custody, the trial court correctly dismissed her testimony and recommendations regarding split custody when it was revealed that she met with Tom, Tina and Tony only once and never met with Peggy. The recommendation of one witness, whose testimony and recommendations with respect to split custody were disregarded by the trial court, is not a compelling reason to split the custody of Tony and Tina and deprive them of the benefit of each other’s association.

Tom argues further that the trial court should have given more consideration to the preferences of the children in awarding custody. In custody determinations, courts may give some weight to the preferences of the child, if the child is of sufficient age and maturity. In re Marriage of Winter, 223 N.W.2d 165, 167 (Iowa 1974). The stated preferences of the children were not mentioned in the decree. There is no indication that the custody decision was based upon Tina’s stated preference for her mother. While the record reveals that Tony, who was then eight years old, expressed a preference for living with his father, he later abandoned this stated preference. The trial court correctly based its custody determination on the best interests of the children.

Tom’s argument that the trial court failed to give proper consideration to his “conscientious efforts to further the children’s church attendance and religious education” is without merit. While religious belief and training is a factor to be considered in a custody determination, Winter, 223 N.W.2d at 166, it is not determinative. The trial court properly considered the religious needs of both Tony and Tina, and ordered that Peggy ensure their continued religious training. Tom’s contention that the trial court did not consider the religious needs of the children finds no support in the record.

Tom contends that the trial court failed to properly consider “Peggy Grandi-netti’s adulterous relationship and many overnight and other lengthy absences from her children and the home.” While moral misconduct is a factor to be accorded weight in a child custody determination, it has been weighed most heavily only in those cases where the misconduct occurred in the presence of the children. In re Marriage of Stom, 226 N.W.2d 797, 799 (Iowa 1975). Tom fails to mention, with respect to the moral misconduct issue, that he, himself, admitted to two extramarital affairs during the course of his marriage to Peggy. There is no evidence that either party engaged in moral misconduct in the presence of the children. The trial court was adequately informed of all of the facts concerning both parties’ activities and the home environment during the months preceding the custody hearing. These facts were properly weighed by the trial court and their weight was reflected in the decree.

Tom alleges error in the court’s determination that Peggy could provide a more stable environment for the children and argues that such a finding was contrary to the evidence. Among the factors to be considered in child custody determinations are the capacity and interest of each parent to provide for the needs of the children, and the stability and wholesomeness of each proposed environment. Winter, 223 N.W.2d at 166-67. After hearing all *880 the evidence, the trial court found that Peggy had been responsible for raising and disciplining the children, and that she “was the main nurturing parent during the children’s formative years and still continues to be.” The court concluded that “the emotional, social, and moral and educational needs of the children will be better served by placing custody with the petitioner.” The trial court’s determination in this case is fair, grounded in the overriding principle that the governing consideration is the best interest of the children, and properly supported by the record.

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Bluebook (online)
342 N.W.2d 876, 1983 Iowa App. LEXIS 1833, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-grandinetti-iowactapp-1983.