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PETITION OF ANDERSON2/28/1995
odify custody in June 1994. A hearing was held and on August 24, 1994, the district court modified custody to place Hollis in Tim's primary physical care.
The record reveals Kelli moved five different times between entry of the joint stipulation on May 18, 1992, and the time of the modification hearing. For a period of time her employment and transportation circumstances were unstable as well. Due to her move away from Grinnell, Kelli did not continue to have regular access to family and friends who had long provided her with assistance in raising Hollis.
Kelli visited and, for awhile, resided at her sister's residence. This home was occupied by a number of adults, some with criminal records and no visible means of support. Testimony from residents of the home indicated marijuana was used there, although allegedly not in Hollis's presence.
Tim's life in Texas has been marked by stability and consistency since entry of the joint stipulation. He and his wife provided Hollis with a secure home. Hollis's academic progress improved due to the efforts of Tim and his wife. Tim utilized the services of a therapist to ease Hollis's transition to a new home and school during the 1993-94 school year. Evidence offered at the dissolution hearing indicated Hollis had adjusted well to his father's home in Texas and was happy there.
The district court found both Kelli and Tim love Hollis and want what is best for him. [530 NW2d Page 743]
The court praised both parents for their positive ability to communicate about Hollis's welfare. The district court found the long-term best interests of Hollis would be best served by placing custody with Tim, as Tim had demonstrated an ability to minister more effectively to Hollis's interests and needs. In contrast, the district court found some of the moves made by Kelli since May 1992 were clearly not in Hollis's best interests.
We find there has been a material and substantial change in circumstances. Since entry of the joint stipulation Kelli has had something of a nomadic existence. Her frequent moves and instability prevented her from providing Hollis with a stable home and decreased her contact with adults who had been instrumental in helping her raise Hollis. Kelli's moves had a negative impact on Hollis as reflected in his comments about the instability and uncertainty which surrounded his visits to see her.
Kelli's decisions were not always in her son's best interests. Tim has demonstrated an ability to minister more effectively to Hollis's needs. While the decision to allow Hollis to remain in Texas after his 1993 summer visitation was temporary, the subsequent circumstances surrounding Kelli's moves warrant modification of custody. We affirm the district court's decision in its entirety.
AFFIRMED. [530 NW2d Page 255]
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