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In are Marriage of McCuen12/13/1999
The Iowa Supreme Court feared a slippery slope of Rule 13 fees, noting that if the county were liable for payment of the guardian ad litem fee in the wrongful death situation, the same would be true for guardians ad litem appointed for minors and all the other classes of persons named in Rule 13. Lalla, 369 N.W.2d at 434. Here, the Rule 13 fees were appropriately taxed to the other parties.
E. Chad's Visitation Schedule.
Patricia also appeals the visitation schedule established for Kaitlin. She does not appeal the identical schedule established between Emmalin and John. Patricia contends that the schedule entered by the district court has the potential to deprive her and Emmalin of sharing any weekends with Kaitlin. We agree and modify.
The district court decree provided:
Chad McCuen shall be entitled to visitation with Kaitlin McCuen on the following schedule:
a. Alternating weekends from 4:00 p.m. on Friday until 4:00 p.m. on Sunday.
b. If his work schedule permits, he shall have visitation with Kaitlin every other weekend from Saturday at 9:00 a.m. until Sunday at 4:00 p.m. This visitation is personal and depended upon Chad McCuen being personal available. If he is not available, for any reason, the additional visitation is waived. Chad shall provide 30 days advance notification to Patricia Ann Broderson of his intent to exercise the additional visitation.
c. If his work schedule permits, he shall have visitation with Kaitlin one evening during each week, from 3:00 p.m. until 8:00 p.m.
We find this schedule confusing. It seems that Chad is entitled to visitation on alternate weekends. On the opposing weekends when he would not otherwise have visitation, he may have visitation if his work schedule permits and he provides advanced notice. Since John's visitation schedule with Emmalin is similar, both men could essentially exercise visitation every weekend, depriving Patricia and the girls of one another's company every weekend. This defeats the purpose of our order. We modify Chad's visitation with Kaitlin by eliminating paragraph b. We remand this case for the limited purpose of allowing the district court to establish a new weekend visitation schedule that ensures Kaitlin and Emmalin have a chance to spend some time together on weekends and holidays. Before establishing a new schedule, the district court should provide opportunity for input from the parties.
Costs of this appeal are taxed one half each to Chad McCuen and Patricia Brodersen.
AFFIRMED AS MODIFIED; REMANDED WITH DIRECTIONS.
Page 1 2 3 4 5 6 7 8 Iowa Personal Injury Attorneys
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