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In re Marriage of Hansen

Supreme Court of Iowa

733 N.W.2d 683 (Iowa 2007)

Relevant factsFree

Lyle Hansen (plaintiff) filed for divorce from Delores Hansen (defendant) after 18 years of marriage and two children, for whom Delores had always been the primary caregiver. Despite clear evidence that Lyle and Delores rarely communicated civilly or showed each other mutual respect, the trial court awarded joint legal custody and joint physical care, alternating six-month periods between the parents with liberal visitation for the non-custodial parent. Delores appealed seeking sole primary physical care; the court of appeals reversed and gave her exclusive physical care, and the Iowa Supreme Court took up the case.

IssueFree

Whether a trial court should award joint physical care of children to both parents only if the parents have historically contributed roughly equal care and can communicate effectively and respectfully, without significant acrimony.

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