(dissenting).
I respectfully dissent. I place much more emphasis on Cyndra’s attitude and hateful conduct than does the majority. While the ability of the parties to communicate regarding the children’s needs is only one factor to be considered under Iowa Code section 598.41(3), in the present case it is all too evident that this factor is of overriding importance. I find that Cyn-dra’s immature and profane conduct in front of her children is indicative of her inability to promote a positive relationship between the parties’ children and their father. The record reveals that Douglas has been much more flexible in his willingness to foster a good relationship between Cyn-dra and the children, and I would therefore award physical custody of the parties’ children to Douglas.
The custody investigator testified at trial that under Doug’s care the children would be afforded the maximum continuous physical and emotional contact with both parents. In her custody report, the custody investigator observed that Cyndra had demonstrated unreasonableness and rigidity in dealing with Douglas in matters related to the children and operated under an unrealistic assumption that she and the children would have little contact with Douglas. While Douglas is by no means completely absolved from his role in creating a bitter atmosphere, the record overwhelmingly shows that Cyndra is the primary cause of the total lack of communication between the parties. That Cyndra consistently vented her anger against Douglas in front of the children and attempted to bring the children into the fray evidences, I believe, a total inability on Cyndra’s behalf to place the children’s emotional needs above her own.
Even if I were to agree with the majority that physical custody should remain with Cyndra, I would not decrease Douglas’s visitation privileges. To do so would in effect punish Douglas for Cyndra’s unfortunate and unreasonable behavior. I would therefore affirm the trial court’s visitation award of alternating weekends from 6:00 P.M. Friday to 7:00 P.M. Monday, or at least cut it back to 7:00 A.M. on Monday. To reduce Douglas’s visitation on Sunday to 6:00 P.M., as the majority provides, in effect greatly reduces his Sunday afternoon visitation. In addition, I would grant Douglas a one-week “floating” visitation, to be exercised in Douglas’s discretion and subject to notice to Cyndra of at least ten days, should Douglas’s visitation be shortened by the elimination of the “at such other times_” provision.
SACKETT, J., joins this dissent.