STATE v. REX, 752 N.W.2d 453 (Iowa App. 2008)

State v. Rex.

No. 07-1246.Court of Appeals of Iowa.
May 14, 2008.

[EDITORS’ NOTE: THE PUBLICATION STATUS OF THIS OPINION HAS NOT BEEN DETERMINED. THE PRECEDENTIAL VALUE OF CASES WHICH ARE NOT YET PUBLISHED IS GOVERNED BY IOWA CT. R. 6.14 (5).]

Appeal from the Iowa District Court for Polk County, Don C. Nickerson, Judge.

The respondent appeals following the district court’s modification order. AFFIRMED.

Steven P. Wandro and Jill E. Southworth of Wandro Baer, P.C., Des Moines, for appellant.

Catherine Dietz-Kilen of Harrison Dietz-Kilen, Des Moines, for appellee.

Considered by Sackett, C.J., and Huitink and Mahan, JJ.

MAHAN, J.

We have reviewed de novo the evidence presented before the district court and applied the appropriate law to said evidence. We conclude, as did the district court, that the petitioner has shown by a preponderance of evidence a material and substantial change in circumstances. We further conclude the petitioner has shown a superior ability to care for the special needs of this child. A review of the record indicates the district court did not abuse its discretion in failing to award the respondent trial attorney fees, and we deny respondent’s request for appellate attorney fees.

AFFIRMED.