In Re the Marriage of Burkle

525 N.W.2d 439, 1994 Iowa App. LEXIS 121, 1994 WL 708981
CourtCourt of Appeals of Iowa
DecidedOctober 25, 1994
Docket93-1930
StatusPublished
Cited by6 cases

This text of 525 N.W.2d 439 (In Re the Marriage of Burkle) 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 the Marriage of Burkle, 525 N.W.2d 439, 1994 Iowa App. LEXIS 121, 1994 WL 708981 (iowactapp 1994).

Opinion

CADY, Judge.

This is an appeal from a decree by the trial court dissolving the marriage between Veronica and Randy Burkle. Veronica primarily challenges the provision in the decree which designated Randy as the primary caretaker of the children. She also disputes the property division. On our de novo review, we affirm.

Veronica and Randy were married in 1981. They have three children, Troy, born October 17, 1982; Brad, born January 13, 1984; and Becki, born July 11, 1986. The family lived in Dyersville, Iowa, and later moved to Earlville.

Veronica worked throughout the marriage for various publishing companies. For several years following Troy’s birth, Veronica performed part-time freelance work while remaining at home. In 1988, she began working outside the home on a full-time basis. She is currently employed by a publishing company and has a gross annual income of $16,640. Randy works as a farm laborer, as he did for most of the marriage. His net monthly earnings are $1,259. Veronica and Randy are high school graduates.

Veronica was the primary caretaker of the children during the marriage. Randy often worked long hours. They both had family members in the area who helped care for the children after Veronica began working outside the home. Veronica’s sister lived very close to Veronica and Randy.

Veronica and Randy separated on July 1, 1993, when Veronica and the children moved from the family residence to a mobile home in Earlville. Veronica had filed a petition for dissolution of marriage one month earlier.

Randy filed an application for temporary custody of the children prior to the separation. A hearing on affidavits was set for July 13,1993. On July 2, Veronica filed a domestic abuse petition. The petition was ' dismissed for insufficient evidence following a hearing on July 6. Veronica subsequently testified at trial she filed the petition, on the advice of her former lawyer, in an effort to gain an advantage in the custody dispute. 1

*441 Randy was granted temporary custody of the children. Veronica was also required to pay child support. Veronica subsequently filed an application to allow her to return to the family home to reside with Randy and the children during the pendency of the dissolution action. The trial court denied the application and directed the parties to remain separated pending the trial. 2 The ease went to trial on November 17, 1993.

Randy acknowledged Veronica was the primary caretaker of the children during the marriage, but he also observed she began to stay out late at night during the last year of the marriage and would not always go directly home from work. On occasions, the children were left unattended. Veronica developed a close relationship with a male friend ’ prior to the separatism, which has continued. The children enjoy Veronica’s male friend. Veronica had a prior extramarital affair during the marriage. Veronica plans to move from Earlville to the Dubuque area following the divorce.

Randy has been alert to the needs of the children since the separation and has become reinvolved with a local church. Veronica has maintained regular visitation of the children, but is delinquent in her child support payments.

The trial court awarded the parties’ home to Randy and divided their debts between them. In awarding joint custody with Randy as the primary caretaker, the court noted Randy’s active interest in the needs of the children during the separation and the benefit to the children in being exposed to the extended family members in the Earlville area. The court also felt Randy would provide a better role model for the children.

Veronica believes she should have been designated the primary caretaker since she was the principal caregiver during the marriage. She also claims the trial court placed too much emphasis on her extramarital affairs. Veronica’s challenge to the property award is based on her belief that neither party will be able to pay off their debts. She argues that the house should have been sold and the proceeds used to retire debt.

I. Standard of Review.

Our review is de novo. Iowa R.App.P. 4. We give weight to the fact findings of the trial court, especially when considering the credibility of witnesses, but are not bound by them. Iowa R.App.P. 14(f)(7). Prior cases have limited prece-dential value, and we base our decision primarily on the particular circumstances of the parties before us. In re Marriage of Weidner, 338 N.W.2d 351, 356 (Iowa 1983).

II. Primary Care.

In child custody cases, our first and governing consideration is the best interests of the child. The factors courts consider in awarding custody are found in our statutes, as well as prior cases. See Iowa Code § 598.41(3); In re Marriage of Weidner, 338 N.W.2d at 355-56; In re Marriage of Winter, 223 N.W.2d 165, 166-67 (Iowa 1974). These factors essentially bear on what will be in the long-term best interests of the child. In re Marriage of Vrban, 359 N.W.2d 420, 424 (Iowa 1984). The critical issue is which parent will do better in raising the child. In re Marriage of Ullerich, 367 N.W.2d 297, 299 (Iowa App.1985). Gender is irrelevant in the determination. Id. Neither party should have a greater burden than the other in attempting to gain custody in a dissolution proceeding. Id.

The parent who has been the primary caretaker of the children during the marriage will not necessarily be designated by the court to be primary caretaker at the time of the divorce. In re Marriage of Fennell, 485 N.W.2d 863, 865 (Iowa App.1992). The *442 role of primary caretaker is, however, critical in the development of children, and careful consideration is given in custody disputes to allowing the children to remain with the parent who has been the primary caregiver. Id. Allowing a parent to continue as the primary caretaker after the divorce also adds needed continuity to the lives of children at what can be a difficult and confusing time for them. Id.

In this case, we recognize Veronica’s long-time role as primary caretaker of the three children. This role was comprehensive and included such activities as preparing and planning meals, purchasing and cleaning clothing, providing and arranging medical care, disciplining, educating, teaching, arranging for baby-sitters, attending school activities, providing transportation, arranging and encouraging social interaction, and spending time together.

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Bluebook (online)
525 N.W.2d 439, 1994 Iowa App. LEXIS 121, 1994 WL 708981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-burkle-iowactapp-1994.