In re the Marriage of Garcia

IN THE COURT OF APPEALS OF IOWA

No. 25-0155
Filed October 1, 2025

IN RE THE MARRIAGE OF KATHERINE GARCIA
AND ALEJANDRO GARCIA

Upon the Petition of
KATHERINE GARCIA,
Petitioner-Appellee,

And Concerning
ALEJANDRO GARCIA,
Respondent-Appellant.
________________________________________________________________

Appeal from the Iowa District Court for Scott County, Tamara Roberts,

Judge.

A father appeals the district court’s order granting the mother physical care

of the parties’ two minor children. AFFIRMED.

Maria K. Pauly of Maria K. Pauly Law Firm, P.C., Davenport, for appellant.

Kristina Lyon (until withdrawal), Bettendorf, for appellee.

Katherine Garcia, Tiffin, self-represented appellee.

Considered without oral argument by Schumacher, P.J., and Buller and

Sandy, JJ.
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SANDY, Judge.

Alejandro Garcia appeals the district court’s order awarding physical care

of his two minor daughters to their mother, Katherine Garcia. On appeal, Alejandro

contends that the district court erred by not granting his request to award joint

physical care of the parents’ two youngest daughters, or alternatively, awarding

him physical care. Additionally, Alejandro argues the district court erred by failing

to award him extraordinary visitation with the children. Finally, Alejandro requests

appellate attorney fees.

After reviewing the record before us, we affirm the district court’s order

awarding Katherine physical care of the two youngest daughters, as well as the

district court’s visitation schedule. We conclude that joint physical care is not in

the children’s best interests given the distance between parents and that awarding

physical care to Alejandro would be too disruptive and destabilizing for the

children. Additionally, we affirm the district court’s visitation schedule, and we

decline to award attorney fees.

I. Background Facts and Proceedings

Katherine and Alejandro married in 2006. They had three daughters

together—M.J.G., born in 2006; N.S.G., born in 2012; and C.S.G., born in 2015.

They all lived together in Eldridge, Iowa until Katherine and Alejandro separated in

2023. After their separation, Katherine unilaterally moved with the two youngest

children to Tiffin, Iowa, while Alejandro and the eldest daughter remained in

Eldridge.

Katherine testified at trial that she moved to Tiffin for her own safety, as

Alejandro allegedly evicted, stalked, and harassed her, and she also sought to be
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closer to her job. Alejandro argues that Katherine moved with the children to Tiffin

in order to be closer to her paramour. The district court found that Katherine was

not credible on several issues, exaggerated, and took unnecessary jabs at

Alejandro during her testimony. Meanwhile, the district court found that Alejandro

was very credible and candid in his testimony.

Despite making these credibility determinations, the district court

determined that it would be in the best interest of the children to award Katherine

physical care. The district court found that shared physical care was not feasible

given the distance between the parties and would place too much of a burden on

the children. The district court further determined that because Katherine provided

significantly more day-to-day care for the children, there would be less disruption

to the youngest girls under her continued care. Finally, the district court decided

to keep the youngest girls together due to their close relationship.

II. Standard of Review

“Dissolution-of-marriage actions are reviewed de novo.” In re Marriage of

Towne, 966 N.W.2d 668, 674 (Iowa 2021). Similarly, “[w]e review physical care

determinations de novo.” Randall v. Trier, 15 N.W.3d 809, 813 (Iowa Ct. App.

2024). Although we are not bound by the district court’s findings, we give them

weight, especially concerning witness credibility. Towne, 966 N.W.2d at 674; Iowa

R. App. P. 6.904(3)(g). We are only to disturb the district court’s ruling when the

ruling fails to do equity. Towne, 966 N.W.2d at 674.
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III. Analysis

A. Joint Physical Custody

If joint legal custody is awarded to both parents, as in this case, the district

court may award joint physical care to both custodial parents upon the request of

either parent. Iowa Code § 598.41(5)(a) (2019). Physical care determinations are

not resolved based upon the perceived fairness to the spouses involved. In re

Marriage of Hansen, 733 N.W.2d 683, 695 (Iowa 2007). Rather, our primary

consideration focuses on what is in the best interest of the child. Id. Ultimately,

the objective of a physical-care determination is to put the children in the

environment most likely to bring them to physical and mental health, and to social

maturity. Id. The Iowa Supreme Court has set out a list of non-exclusive factors

to be considered in determining whether joint physical care is in the best interest

of the child. Id. at 697.

We are to consider whether one parent was the primary caregiver, the

parents’ ability to communicate and show mutual respect, the degree of conflict

between the parents, and the degree the parents are in general agreement about

their approach to daily matters. Id. at 696–99. No single factor is determinative.

Id. After reviewing the record and considering these factors, we agree with the

district court’s decision to award physical care of the two minor children to

Katherine.

Both parents have had trouble communicating and showing mutual respect

to one another. There has been conflict between both parents since the

separation. This culminated in Katherine unilaterally moving the two minor children
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with her to Tiffin without consulting Alejandro, effectively cutting him off from his

daughters.

However, given the testimony and evidence in the record, it seems the

children are thriving in Tiffin and moving them back to Eldridge could cause further

instability and disruption in their lives. Katherine was the parent who took care of

the children on a day-to-day basis. A child’s historical primary caregiver is often

an important factor to consider in child custody cases. See In re Marriage of

Wilson, 532 N.W.2d 493, 495 (Iowa Ct. App. 1995) (“The role of the primary

caretaker is, however, critical in the development of children, and careful

consideration is given in custody disputes to allowing children to remain with the

parent who has been the primary caregiver.”). The district court found that

awarding Alejandro physical care would cause more disruption and instability for

the children as it would force them to move again and switch schools, and because

he was not the historical primary caregiver. Moreover, there is evidence in the

record showing that C.S.G’s academic performance has significantly improved

since moving schools.

The complicating aspect of this case is that Katherine unilaterally moved

the two minor children with her to Tiffin. See Dale v. Pearson, 555 N.W.2d 243,

246 (Iowa 1982) (noting relocation by one parent resulting in limiting access by

one parent to the children without good and compelling reasons is a significant

factor impacting the welfare of the children). Although we feel reluctant to

seemingly reward Katherine and give her physical care of the children considering

her unilateral action—perceived fairness to the spouses is not our concern.
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Hansen, 733 N.W.2d at 695. Instead, our concern is what is in the best interests

of the children.

The district court noted the difficult decision it had to make regarding joint

physical care, and we agree that it is a difficult decision. It is apparent the district

court struggled with the difficult position it was put in. And although we do not have

the opportunity to directly hear and see witness testimony, the record before us

does show two parents who truly have strong and loving relationships with their

children. We take the district court’s credibility determinations seriously and give

great deference to it because the district court had a front-row seat to the live

testimony, whereas we are limited to a cold record. Higdon v. Rana, 14 N.W.3d

384 (Iowa Ct. App. 2024). However, the district court ultimately concluded the best

interests of the children are served by maintaining the status quo of their living

arrangement. We decline to disturb the court’s finding.

B. Visitation

In the alternative, Allejandro argues that in the event we do not award him

physical care or award the parties joint physical care, he should be awarded

extraordinary visitation. He appears to argue that he should have been given a

mid-week visitation and that he should have been given make-up visitation,

although he does not specify what such make-up visitation would encompass. In

determining the appropriate amount of visitation, we are guided by the principle a

court should order such visitation as will ensure a child the opportunity for

maximum continuing physical and emotional contact with the noncustodial parent.

See Iowa Code § 598.41(1) (2025). A child should be assured the opportunity for

the maximum continuing physical and emotional contact with both parents. In re
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Marriage of Ruden, 509 N.W.2d 494, 496 (Iowa Ct. App. 1993) (emphasis in

original); Turner v. Mull, No. 01-0840, 2002 WL 575619, at *2 (Iowa Ct. App.

Feb. 20, 2002). And in establishing visitation rights, our court’s governing

consideration is the best interests of children, and generally, liberal visitation rights

are in children’s best interest. In re Marriage of Stepp, 485 N.W.2d 846 (Iowa Ct.

App. 1992). Upon our careful review, given the distance between the parents, and

application of the guiding precedent, we decline to disturb the district court’s

visitation schedule.1

C. Attorney Fees

We have discretion to award appellate attorney fees, as they are not a

matter of right. In re Marriage of McDermott, 827 N.W.2d 671, 687 (Iowa 2013).

When deciding whether to award appellate attorney fees, we consider the relative

merits of the appeal, the needs of the party seeking fees, and the ability of the

other party to pay. Id. After considering these factors, we decline to award

Alejandro his requested attorney fees.

IV. Conclusion

We conclude that joint physical care is not in the children’s best interests

and affirm the district court’s decision to award Katherine physical care of the two

youngest children. We also find the district court’s visitation schedule to be

appropriate, and no appellate attorney fees are to be awarded.

AFFIRMED.

1 We are not considering the mother’s arguments that the visitation schedule
should be modified, as she did not cross-appeal.