In re Marriage of Nall

CourtCourt of Appeals of Iowa
DecidedOctober 29, 2025
Docket24-2017
StatusPublished

This text of In re Marriage of Nall (In re Marriage of Nall) 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 Nall, (iowactapp 2025).

Opinion

IN THE COURT OF APPEALS OF IOWA

No. 24-2017 Filed October 29, 2025

IN RE THE MARRIAGE OF TANNER DEREK NALL AND SARA CHRISTINE NALL

Upon the Petition of TANNER DEREK NALL, Petitioner-Appellee,

And Concerning SARA CHRISTINE NALL n/k/a SARA CHRISTINE DELA CRUZ, Respondent-Appellant. ________________________________________________________________

Appeal from the Iowa District Court for Wayne County,

Elisabeth Reynoldson, Judge.

A self-represented mother appeals a decree placing physical care of two

children with their father. AFFIRMED.

Sara dela Cruz, Norwalk, self-represented appellant.

Tanner Derek Nall, Lineville, self-represented appellee.

Considered without oral argument by Tabor, C.J., and Greer and Buller, JJ. 2

BULLER, Judge.

Sara dela Cruz appeals from a divorce decree placing physical care of two

children with her ex-husband Tanner Nall. Sara represents herself on appeal, and

we consider her claims as best we understand them. We affirm because we agree

with the district court on the preserved claim and discern no error.

I. Background Facts and Proceedings.

Tanner and Sara married in 2014 and separated in 2023. They have two

children: a child Tanner adopted (born in 2011) and a shared biological child (born

in 2015). Each parent acted as primary caregiver at times during the marriage.

Both parents have some mental-health struggles, sharing diagnoses of

anxiety and attention deficit hyperactivity disorder (ADHD). Tanner also struggles

with chronic pain from a past injury and uses medical marijuana; the district court

made a credibility finding that Tanner only uses marijuana in compliance with his

medical-marijuana card. Sara has been diagnosed with bipolar disorder, for which

she takes a prescription medication.

Neither Tanner nor Sara’s behavior has been ideal. Tanner was charged

with domestically abusing Sara in December 2023, leading to a temporary

no-contact order. He pled guilty to an amended charge of disorderly conduct, and

the no-contact order was not extended (though the parties apparently thought it

was). Also, in 2024, Tanner attempted to grow psychedelic mushrooms in his

bedroom closet1 and police found another controlled-substance pill during a

1 The parties disputed Sara’s involvement with the mushrooms.Tanner testified that Sara paid for them. She denied this. We think the mushrooms incident is collateral at best, and it does not inform our review. 3

search; he was convicted of two counts of possessing controlled substances. In

2023, one of the children’s coaches reported that Sara appeared to be “strung out”

or under the influence of drugs at a wrestling practice. Sara also, contrary to the

instructions of the county sheriff, broke into the family home after the separation to

retrieve Ellie, a golden retriever2—Sara broke a window in the process, and she

pled guilty to criminal mischief and paid Tanner restitution. Sara also repeatedly

refused to drug test in relation to a child-abuse investigation, which the district court

characterized as “at best, suspicious.”

Tanner continues to reside in the marital home in Lineville, while Sara

moved to an apartment in Norwalk. Both parents work stable jobs. Tanner’s

parents, sister, and extended family live close by and help with childcare—which

they also did while the parties were married. At the time of separation, Sara agreed

to let the children stay with Tanner and at least finish the school year. By the time

of trial, Sara requested physical care for herself and visitation for Tanner, while

Tanner requested physical care and visitation for Sara.

Both children were doing well as of trial and receiving appropriate mental-

health services. Tanner testified that he tried to support the children’s relationship

with Sara, but she did not do the same—evidenced by one of the children

sometimes “yelling about adult things, like finances and stuff like that that he

shouldn’t have been made aware of.” Tanner believed the marital strife, and in

particular statements by Sara to one of the children, had affected the children’s

grades. Tanner’s mother—who even Sara spoke of glowingly—agreed the divorce

2 Although not at issue on appeal, we note the district court decreed Sara receive

Ellie while Tanner received two other dogs whose names are not in our record. 4

had been hard on the kids and said she worked hard to involve Sara by

encouraging the kids to call, taking the kids shopping with her, and inviting Sara to

join when she took the children to a nearby swimming pool.

The district court found that, when Tanner was the primary caregiver in the

year leading up to trial, he “show[ed] an ability and willingness to promote the

relationship between the children and Sara and to provide a stable, supportive,

loving home, which is crucial to their growth into productive adults.” The court also

found that placement with Tanner had allowed the children to remain in the school

and home they had known most of their lives and stay close to “grandparents and

extended family with whom they have a deep and supportive relationship.” And

the court found that the parties had largely “successfully navigated the stress of a

pending divorce and custody dispute while keeping their children’s best interest as

the guiding light.”

Sara argued there was a history of domestic abuse that should create a

rebuttable presumption against joint custody. See Iowa Code § 598.41(1)(b)

(2024). But the district court found the evidence did “not support that conclusion.”

Specifically, the district court found that two incidents of domestic violence

occurred over the course of the decade-long marriage. In the first, the court found

both parties engaged in mutual aggression. And in the second, the court weighed

“the parties’ testimony” and “conclude[d] that both parties engaged in fighting

behavior that resulted in both of them suffering minor injuries.” The court found it

was unable to determine a primary aggressor for either incident, and therefore

found there was no history of domestic abuse for purposes of the statutory

presumption. 5

The district court decreed joint legal custody and placed physical care of the

children with Tanner. Sara appeals pro se. As we understand her brief, she

challenges whether placing physical care with Tanner was in the children’s best

interests, whether the district court made “specific, detailed” findings, and whether

the court was biased in favor of Tanner.

II. Standard of Review

Actions involving the dissolution of marriage are in equity, and our review is

de novo.” In re Marriage of McDermott, 827 N.W.2d 671, 676 (Iowa 2013). “[W]e

examine the entire record and adjudicate anew” the issues presented. Id. “We

give weight to the findings of the district court, particularly concerning the credibility

of witnesses; however, those findings are not binding upon us.” Id.

III. Discussion3

“The objective of a physical care determination is to place the children in

the environment most likely to bring them to health, both physically and mentally,

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Related

In Re the Marriage of Winter
223 N.W.2d 165 (Supreme Court of Iowa, 1974)
In Re the Marriage of Hansen
733 N.W.2d 683 (Supreme Court of Iowa, 2007)

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