In Re the Marriage of Kleist

538 N.W.2d 273, 1995 Iowa Sup. LEXIS 180, 1995 WL 564337
CourtSupreme Court of Iowa
DecidedSeptember 20, 1995
Docket94-25
StatusPublished
Cited by58 cases

This text of 538 N.W.2d 273 (In Re the Marriage of Kleist) is published on Counsel Stack Legal Research, covering Supreme Court 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 Kleist, 538 N.W.2d 273, 1995 Iowa Sup. LEXIS 180, 1995 WL 564337 (iowa 1995).

Opinions

NEUMAN, Justice.

This dissolution of marriage action is before us on further review from a split decision in the court of appeals. That court reversed a custody ruling that would have given the mother primary care of the parties’ daughter. The reversal stemmed from the court of appeals’ view that the district court gave undue weight to the mother’s strongly [275]*275held cultural beliefs, leading it to effectively reinstate the “tender years” doctrine long ago abandoned by this court.

Our de novo review leads us to conclude that the best interest of the child — not gender or cultural stereotyping — motivated the district court’s decree. We, therefore, vacate the court of appeals decision and affirm the judgment of the district court.

I. Background.

Petitioner David Kleist and respondent Adriana Mendez were married in Iowa City in June 1988. David was then pursuing a graduate degree in counseling while working part-time at the university psychiatric hospital. Adriana was a tenured associate professor with dual appointments in the university’s comparative literature and Spanish and Portuguese departments. Soon after their marriage, David earned his masters degree and secured a full-time position as a family therapist. Their only child, Juliana Kleist-Mendez, was born November 1, 1989.

Juliana is, by all accounts, an exceptional child. She is described as healthy, bright and energetic, intellectually advanced for her age (three at the time of trial) and well adjusted in every way. She is bilingual, a skill learned from Adriana with David’s strong support. She is clearly adored by her parents and demonstrates no closer emotional attachment to either one.

David and Adriana, who were both aged forty-two at the time of trial, have adjusted their professional schedules whenever possible to maximize the time available for parenting. Adriana arranged for a sabbatical around the time of Juliana’s birth and nursed her for nearly a year. David, meanwhile, contributed equally to child rearing and housekeeping duties. Adriana has occasionally arranged for Juliana to accompany her on out-of-town trips when she is lecturing or doing research.

The deterioration of the parties’ marriage necessarily altered this equal and somewhat unique sharing of Juliana’s care. A contest over her custody ensued. In December 1992, the court entered a temporary order for joint custody that placed Juliana in Adriana’s primary care. David was granted liberal visitation which he has regularly exercised.

Both before the trial court, and now on appeal, the parties have framed much of their debate around the cultural differences that have simultaneously animated and stressed this family unit. David, who is Minnesota born and bred, prides himself on his even-tempered nature and consistency in relationships with others. Adriana, who was born in Havana, Cuba, and lived there until immigrating to the United States with her family at age ten, admits that she is more “easily aroused to emotion.” Evidently their marriage has amplified the worst, rather than the best, of these personality features. Thus David and his witnesses tend to describe Adriana as volatile and erratic. Adriana views David as emotionally cold and unsupportive. Neither believes the other would provide the kind of day-to-day nurturing Juliana needs.

Adriana’s strong link to her Hispanic heritage also carries with it a belief that young children, especially girls, should be the primary responsibility of their mother. She describes motherhood as “sacred.” Her opinion in this regard is so fixed that the prospect of losing primary care of Juliana made her more openly anxious than David about the custody-evaluation process. In the words of Dr. Marilee Fredericks, an experienced psychologist (selected by David) who performed the evaluation for the court, the idea of being just a “visited” parent is “so far outside [Adriana’s] lexicon” that it would seriously disrupt her relationship with Juliana. David, on the other hand, while desiring to be Juliana’s primary caretaker, appears capable of fulfilling either role. Dr. Fredericks credited this flexibility to David’s training as a family therapist, a job that requires him to pick up and maintain continuity in a relationship.

Having heard the testimony of the parties and their witnesses, and having personally observed them in four days of trial, the district court decided that joint custody with Adriana as primary caretaker would serve Juliana’s best interest and “enhance the overall access and contribution of both parents to this child and the child to her par[276]*276ents.” The court gave three reasons for its conclusion: (1) that Adriana would be much less effective in the role of visited parent than in the role of primary caretaker because of her parenting style and “to some extent” her deepseated beliefs about the role of a mother; (2) Adriana’s work schedule is significantly more flexible than David’s and would allow her to provide significant periods of time for Juliana; and (3) Juliana was very comfortable with the temporary care arrangement then in effect. The court also divided the marital assets and denied Adriana’s request for permission to take Juliana with her outside the country for extended periods while on sabbatical or other academic pursuits. This appeal by David and cross-appeal by Adriana followed.

II. Issues on Appeal.

David challenges the custodial and economic provisions of the decree, while Adriana contests the court’s restriction on her ability to have Juliana accompany her on extended academic travel. As in all cases involving such issues, our review is de novo and our primary consideration is the best interest of the child. In re Guardianship of Knell, 537 N.W.2d 778, 780 (Iowa 1995). Pri- or cases are of little precedential value, except to provide framework for analysis, and we must ultimately tailor our decision to the unique facts and circumstances before us. In re Marriage of Will, 489 N.W.2d 394, 397 (Iowa 1992). With these principles in mind, we turn to the parties’ contentions.

A. Custody. David believes that the record plainly establishes him as the parent best able to minister to Juliana’s long-term best interests as well as the one most likely to promote meaningful contact with the other parent. See Iowa Code § 598.41 (1995); In re Marriage of Winter, 223 N.W.2d 165, 166 (Iowa 1974) (factors bearing on custody decision). He also contends that by considering Adriana’s professed aversion to the role of “visited” parent, the trial court “improperly reintroduce[d] the ‘tender years’ presumption’ through psychological and cultural rationalizations.” It is this latter argument that convinced a divided court of appeals to reverse the trial court’s custody award.

We first address the “overall fitness” argument. Perhaps the most remarkable feature of this record is the unanimous opinion of every objective observer — including the trial court and the court of appeals — that both of the parties are exceedingly capable and loving parents.

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Cite This Page — Counsel Stack

Bluebook (online)
538 N.W.2d 273, 1995 Iowa Sup. LEXIS 180, 1995 WL 564337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-marriage-of-kleist-iowa-1995.