IN THE COURT OF APPEALS OF IOWA
No. 16-2215
Filed July 6, 2017
BRYAN M. SHAW,
Petitioner-Appellant,
vs.
WHITNEY R. CASE,
Respondent-Appellee.
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Appeal from the Iowa District Court for Story County, John J. Haney,
Judge.
Father appeals from an order denying his petition to modify a stipulated
order of paternity, custody, child support, and medical support. AFFIRMED.
Stephen C. Humke of Newbrough Law Firm, L.L.P., Ames, for appellant.
Whitney R. Case, Greenfield, pro se appellee.
Considered by Vogel, P.J., and Doyle and McDonald, JJ.
2
MCDONALD, Judge.
Bryan Shaw and Whitney Case have three children: A.J.S. (born 2004),
C.M.S. (born 2006), and A.R.S. (born 2007). In the fall of 2013, following their
separation, Bryan and Whitney stipulated Whitney would have physical care of
the children and Bryan would exercise visitation on alternating weekends and
holidays. An order was entered to that effect. In May 2016, Bryan filed a petition
for modification after Whitney informed him her child from another relationship
had been physically abused by the child’s father.
In November 2016, the modification action proceeded to trial. Bryan
sought physical care of the children and asked the court to order any visitation
exercised by Whitney be supervised. The record reveals Whitney was no longer
involved with the abusive paramour at the time of trial. Bryan raised additional
concerns, including one child’s late-night-text-messaging activity and the fact one
child had contracted head lice. The district court denied the petition to modify the
physical care arrangement, concluding Bryan had failed to establish a substantial
change in circumstances and had failed to establish he could provide superior
care.
On de novo review, see In re Marriage of Harris, 877 N.W.2d 434, 440
(Iowa 2016), we affirm the judgment of the district court. The sparse record is
insufficient to establish the “substantial change of circumstances” our case law
requires. See In re Marriage of Frederici, 338 N.W.2d 156, 161 (Iowa 1983).
Although Bryan took reasonable action following Whitney’s report of child abuse
in her home, the record shows the parties’ children were not present at the time
of the abuse and suffered no harm from the abuse. The record further shows
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Whitney is no longer in a relationship with the abusive paramour. The concern,
although legitimate at the time, is not ongoing. See id. at 158 (“The changed
circumstances . . . must be more or less permanent, not temporary.”). Like the
district court, we conclude head lice and frequent late-night texting are not
material changes in circumstances sufficient to transfer care to Bryan. See id.
(requiring “material[]” change in circumstances).
We affirm the order of the district court without further opinion. See Iowa
Ct. R. 21.26(1)(a), (d), (e).
AFFIRMED.
Bryan M. Shaw v. Whitney R. Case
Combined Opinion