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In re Marriage of Weidner

Supreme Court of Iowa
338 N.W.2d 351 (1983)


Facts

Marvin Weidner (plaintiff) filed for divorce from Betsy Weidner (defendant). During the 16-month period between the Weidners’ separation and divorce, Betsy had primary physical custody of the Weidners’ two children, which involved getting each child ready for school, packing lunches, doing laundry, and taking care of the children’s daily needs. Marvin maintained daily contact with the children and saw the children on a regular basis, including weekends during which the children would stay with Marvin at his residence. At the time, Marvin had a girlfriend who frequently had contact with the children during the overnight visits. Marvin’s relationship with his girlfriend, coupled with a general and growing dislike between the Weidners, caused Betsy and Marvin to argue frequently and fail to agree on various aspects of child rearing. The Weidners’ disagreement and distrust of one another was often conveyed to the children. After a hearing, Marvin’s request for joint custody or, in the alternative, sole custody of the children was denied by the trial court. The trial court granted the divorce and awarded Betsy sole custody with visitation rights granted to Marvin. Marvin appealed.

Rule of Law

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Issue

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Holding and Reasoning (Wolle, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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