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In re Marriage of Cerwick

Court of Appeals of Iowa
834 N.W.2d 872 (Iowa Ct. App. 2013)


Justin Cerwick (plaintiff) and Machelle Cerwick (defendant) were married with three children. The Cerwicks’ relationship deteriorated, and Justin filed a petition for divorce. Justin became the children’s primary caregiver after the Cerwicks’ separation. The divorce proceeding was extremely contentious, particularly in the latter stages of the proceeding, and included unfounded abuse allegations. Both Justin and Machelle requested primary physical custody of the children. Neither Justin nor Machelle requested joint physical custody. The trial court granted a divorce and awarded Justin and Machelle joint legal and physical custody of the children. Justin appealed, arguing that the issue of joint physical custody had not been before the trial court.

Rule of Law


Holding and Reasoning (Mullins, J.)

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