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In re Marriage of Weidner

Supreme Court of Iowa

338 N.W.2d 351 (1983)

Relevant factsFree

Marvin Weidner (plaintiff) filed for divorce from Betsy Weidner (defendant). During the 16 months between separation and divorce, Betsy had primary physical custody, handling the children's daily needs, while Marvin maintained regular contact and had weekend overnight visits at his home, during which his girlfriend frequently interacted with the children. Marvin's relationship with his girlfriend, combined with a deepening mutual dislike between the parents, led to frequent arguments and disagreement over child-rearing, conflict the children were often exposed to. The trial court denied Marvin's request for joint or sole custody, granting the divorce with sole custody to Betsy and visitation to Marvin. Marvin appealed.

IssueFree

Whether the parents' ability to communicate civilly and make shared decisions prioritizing the child's welfare is a factor in deciding whether to award joint custody of a minor child.

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