CourtListener 2819131•Upon the Petition of Alicia E. Fredericksen, and Concerning Thomas A. Doherty
Upon the Petition of Alicia E. Fredericksen, and Concerning Thomas A. Doherty
CourtListener 2819131Iowactapp22 juil. 2015
Texte intégral
IN THE COURT OF APPEALS OF IOWA
No. 14-1469
Filed July 22, 2015
Upon the Petition of
ALICIA E. FREDERICKSEN,
Petitioner-Appellant,
And Concerning
THOMAS A. DOHERTY,
Respondent-Appellee.
________________________________________________________________
Appeal from the Iowa District Court for Adair County, Gregory A. Hulse,
Judge.
Alicia Fredericksen appeals the portion of the district court’s order
awarding joint legal custody and visitation. AFFIRMED.
Patrick W. O’Bryan of O’Bryan Law Firm, Des Moines, for appellant.
Thomas E. Doherty, Casey, pro se.
Considered by Danilson, C.J., and Tabor and McDonald, JJ.
2
DANILSON, C.J.
Alicia Fredericksen appeals the district court order granting her and
Thomas Doherty joint legal custody of their children. She claims the district court
erred in not granting her sole legal custody.1 Alicia also claims visitation under
the court’s terms is inappropriate. The district court ordered Thomas’s visitation
to be supervised, but upon specified terms, the visitation whould be
unsupervised. Upon our de novo review, we conclude unsupervised visitation,
conditioned on completion of the Children in the Middle program and substance
abuse treatment, is appropriate, as is joint legal custody.
Alicia largely contends she should be awarded sole legal custody because
the parties are unable to communicate. We acknowledge the parties’ difficulties
in communicating, but some of the problem can be attributed to Alicia’s actions.
She should not be rewarded by a grant of sole legal custody. Sometimes in life
there are actions required of a person, in this case a parent, which must be done
even if the person does not want to take such action. In this case, that entails
the necessity of communicating with the other parent in a mature, non-
argumentative fashion for the benefit of the child.
We also decline to require Alicia’s requested additional condition, that
Thomas address mental health issues before being afforded unsupervised
visitation. The record simply does not support such a condition.
1
Appellant states “the trial court’s ruling is not granting Alicia primary physical custody of
the parties’ children should be reversed. Alicia should remain as their primary caretaker
subject only to Thomas’s reasonable supervised visitation.” Appellant’s brief uses the
term “primary physical custody.” Because appellant has already been awarded physical
care, we surmise that the prayer references a desire for sole legal custody and
supervised visitation.
3
Pursuant to Iowa Court Rule 21.26(1)(e), we affirm the district court ruling
without further opinion.
AFFIRMED.
Poursuivez vos recherches dans ChatGPT ou Claude
Connectez Omnilex pour rechercher dans le corpus juridique depuis votre assistant IA.