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In are Marriage of McCuen12/13/1999
Appeal from the Iowa District Court for Polk County, Jack D. Levin, Judge. In this consolidated action, Chad McCuen appeals a district court order appointing intervenor Patricia Brodersen guardian of his minor daughter Kaitlin and denying, with limited exception, his petition for modification of the original dissolution decree which awarded intervenor's daughter, Kristin McCuen (Wells), physical care of the child.
In this consolidated action, the parties appeal from orders entered by the district court in an application to modify a decree of dissolution and two separate guardianships. The appeal concerns the custody and primary care of two children: Kaitlin Ann McCuen (Kaitlin) and Emmalin Mary Wells (Emmalin). The children share Kristin McCuen Wells (Kristin) as their mother. Kaitlin's father is Chad McCuen (Chad). Emmalin's father is John Wells (John). Chad appeals the custody and guardian ad litem fee provisions of the court's combined decree. Patricia A. Brodersen, the maternal grandmother of Kaitlin and Emmalin, has appealed from the visitation and guardian ad litem fee provisions. We affirm with modification.
I. Background Facts and Proceedings.
Kristin married Chad McCuen in February 1990. Their daughter, Kaitlin, was born in October 1990. Kristin and Chad divorced in February 1992. Pursuant to agreement of the parties, Kristin was awarded primary physical care of Kaitlin. Chad was granted liberal visitation and ordered to pay child support . Both parties continued to reside in the Des Moines metropolitan area after their marriage was dissolved.
Kristin gave birth to her second child, Emmalin, in June 1992. Kristin and Emmalin's father, John Wells, married in May 1994. They separated one year later but had not divorced as of the time of trial in this case. Approximately six months after their separation, John moved to Sioux City where he continues to reside. While living with Kristin, John took an active roll in parenting both Kaitlin and Emmalin. Once he moved to Sioux City, however, his contact with Kristin and the girls decreased. John has a significant history of alcohol abuse. He has been sober for over two years and now works as a substance abuse counselor.
In March 1995, Kristin filed an application to modify Chad's visitation with Kaitlin, alleging Chad had engaged in sporadic visits since the parties' marriage ended. In April 1995, the modification was granted, with Chad's consent, reducing his visitation to every other Saturday from 9:00 a.m. to 6:00 p.m. Chad exercised little visitation with Kaitlin from the date the modification decree was entered until June 1997. However, he contends both Kristin and her mother, Patricia Broderson, interfered with his ability to exercise visitation during that period of time.
Both during and after Kristin's marriages, Patricia and her husband, Charles, had frequent contact with Kaitlin and Emmalin, often due to Kristin's difficulties. Kristin, born in September 1970, has had significant psychiatric problems from an early age. Her social history has included use of illegal drugs, erratic attempts at employment, work as a stripper, and financial irresponsibility. At trial, she was described as manipulative and dishonest. She has moved frequently in her adult life. Despite her erratic lifestyle, Kristin does have a strong bond with her children. In 1996, Kristin's life began a steep downward spiral fueled by substance abuse and continuing mental health problems. As a result, Patricia and Charles began providing care to Kaitlin and Emmalin on a regular basis, when Kristin was either incapable or unwilling to do so. By November of 1996, four-year-old Emmalin and six-year-old Kaitlin had move
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