In re Marriage of Rickels
Iowa Court of Appeals
2013 WL 3458173 (2013)
- Written by Rich Walter, JD
Facts
When Jason Rickels (plaintiff) and Tonia Rickels (defendant) divorced, the court awarded them joint legal custody of their two children. At the time, Tonia’s work schedule was more conducive than Jason’s to the children’s needs, so the court awarded Tonia physical custody of the children. Ten years later, Tonia married Anthony Moeller, not knowing that Moeller had sexually abused his own children and was under a court order not to visit them without supervision. Tonia also worked nights, whereas Jason no longer worked and could give the children around-the-clock care. This relative change in the ex-spouses’ schedules induced Jason to petition the court to modify the divorce decree so that he could take over the children’s physical custody. At trial, the court heard evidence that Tonia had become aware of Moeller’s abusive past and was divorcing him, but that Moeller continued to see Tonia and her children. The court denied Jason’s petition for physical custody. However, the court modified the divorce decree to forbid either Jason or Tonia from giving Moeller unsupervised or overnight access to the Rickels’ children. Jason appealed to the Iowa Court of Appeals.
Rule of Law
Issue
Holding and Reasoning (Mullins, J.)
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