IN RE THE MARRIAGE OF CARROLL, 665 N.W.2d 442 (Iowa App. 2003)

No. 3-164 / 02-1097.Court of Appeals of Iowa.
Filed March 12, 2003.

Appeal from the Iowa District Court for Pocahontas County, JOEL E. SWANSON, Judge.

Ronald Carroll appeals the district court ruling denying his petition to modify the child custody provisions of the dissolution decree. Affirmed.

Dan McGrevey, Fort Dodge, for appellant.

James W. McCarthy, Fort Dodge, for appellee.

Considered by HUITINK, P.J., and MAHAN and HECHT, JJ.

MAHAN, J.

Ronald Carroll appeals the district court ruling denying his petition to modify the child custody provisions of the parties’ dissolution decree. Ronald and Maria are the parents of Alison, born in 1990; Kelly, born in 1991; and Ronald Jr., born in 1993. The dissolution decree provided Maria would have primary care of the parties’ children.

There is no dispute that Maria’s relocation to Rhode Island constitutes a material and substantial change in circumstances See Iowa Code § 598.21(8)(a) (stating a substantial change in circumstances is established if a parent is to relocate the residence of a minor child 150 miles or more from the residence at the time custody was granted). Though a substantial change has occurred, Ronald must still show that he can render superior care. See In re Marriage of Mayfield, 577 N.W.2d 872, 874 (Iowa 1998). The district court, in weighing the positive and negative characteristics of both parents, determined Ronald failed to establish that he can provide the required needs of the children and that he would offer superior care to the children. See In re Marriage of Rosenfield, 524 N.W.2d 212, 214 (Iowa Ct.App. 1994). Upon our de novo review of the record, we reach the same conclusion. Accordingly, we affirm the district court’s ruling.

AFFIRMED.