In Re the Marriage of Engler

503 N.W.2d 623, 1993 WL 276466

• Court: Court of Appeals of Iowa
• Decided: June 2, 1993
• Docket: 92-1818
• Status: Published

Opinions

SACKETT, Judge.

Petitioner-appellant Ann M. Engler appeals that portion of her dissolution decree that places physical care of her daughter, eight-year-old Megan, with Megan’s father, respondent-appellee Lloyd L. Engler. She contends physical care should be with her. We affirm.

Lloyd, who is 41 years old, and Ann, who is 40 years old, were married in 1978. Megan, their only child, is a good student, healthy but a bit overweight. Ann is a registered nurse and Lloyd is a farmer. Lloyd has a dairy herd, raises pigs and is a grain farmer. During the marriage the family lived in a very adequate farm home in Clayton County. Both Lloyd and Ann have been committed to their jobs and dedicated to Megan. Megan has spent considerable time during her growing up years with child care providers.

Ann was the organizer and ran the household. She took the primary responsibility for organizing Megan’s activities and her child care. Ann has spent more growing up hours with Megan than has Lloyd. Ann has left the Clayton County farm and gone to Cedar Rapids where she lives in an apartment. She will have better employment opportunities in Cedar Rapids. Ann has siblings in the Cedar Rapids area. Ann has a close relationship with her family and has spent time with them during the marriage exclusive of Lloyd.

Lloyd is a conscientious person. He is well-known and very well liked in the Clayton County community where the parties lived and where he grew up. He has a strong network of support in the community. He has a close relationship with his mother who lives one mile down the road.

Ann’s position that she should be primary caretaker focuses primarily on the fact she has spent more time with Megan during her early years than has Lloyd and she has been the person responsible for arranging her activities and her child care. She has set forth in detail the time she has spent organizing and directing Megan’s life from preschool to obtaining private swimming lessons when Megan was unhappy in public lessons. Ann is critical of the time Lloyd has devoted to his farm work.

Lloyd’s position is it is most advantageous to keep Megan in the community with her lifelong friends and the trial court was correct in awarding him custody. He maintains he has an easygoing, loving relationship with Megan.

Our review in cases such as these 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. Iowa R.App.P. 14(f)(7). We are not bound by these determinations, however, Id. Prior cases have little precedential value, and we must base our decision primarily on the particular circumstances of the parties presently before us. In re Marriage of Weidner, 338 N.W.2d 351, 356 (Iowa 1983).

We agree with the trial court’s conclusion that the custody issue here is “unusually difficult”.

Because both parents are responsible, loving, and able to provide a good life for Megan, the issue the parties argue is really what lifestyle is better for the child.

Ann will raise Megan in an apartment in Cedar Rapids. Lloyd will raise her on a farm in rural Iowa. In Cedar Rapids, Megan will attend an urban school and in Clayton County, she will attend a rural school. In Cedar Rapids, she will have a relationship with cousins and in Clayton County, she will continue the friendships of lifelong friends and will be closer to her paternal grandmother. Her mother’s home promises to offer Megan a very structured environment, while her father, who is less tense, will offer her a less structured environment. There are advantages and disadvantages to either lifestyle.

We do not award custody by determining whether a rural or urban Iowa upbringing is more advantageous to a child. We do not award custody based on hours of service for past care. We attempt to look to determine which parent will in the future provide an environment where the child is most likely to thrive. We are convinced this child will thrive in either environment.

The trial court had the parties before it and was able to observe their demeanor and was in a better position than we are to evaluate them as custodians. See In re Marriage of Forest, 201 N.W.2d 728, 730 (Iowa 1972). We defer to the trial court’s judgment and affirm the decision of the trial court in its entirety.

AFFIRMED.

All judges concur except OXBERGER, C.J., and SCHLEGEL, J., who dissent.