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Date: 11-13-2024
Case Style:
Catherine Smith v. Chad Ragan
Case Number:
Judge: Stuart P. Werling
Court: District Court, Muscatine County, Iowa
Plaintiff's Attorney:
Defendant's Attorney:
Description:
Muscatine, Iowa family law lawyers represented the Plaintiff and Defendant in a child custody dispute.
Seven-year-old T.R. is lucky in many ways. His parents, Catherine Smith and Chad Ragan, are devoted caregivers. Both have confidence in the other's parenting skills. T.R. is doing well in school and for over three years has thrived under the shared-care arrangement implemented by his unmarried parents. The question today is whether the district court erred in denying Ragan's request to continue that arrangement and, instead, placing physical care with Smith-a decision based on the parents' communication difficulties and Ragan's unusual work schedule.
In our de novo review, we agree with the district court's assessment that it is in T.R.'s best interests to have a more predictable schedule than he has navigated under his parents' shared-care arrangement. But because the parents agree that T.R. would benefit from more time with his father, we modify the custody order to expand Ragan's parenting time.
Smith and Ragan lived together for almost five years but never married. They separated in November 2020. They have one son, T.R., who will be eight years old in November 2024. Smith has two older children, ages nine and eleven, who live with her. T.R. is Ragan's only child.
Smith works as a dialysis technician at a local clinic and is studying to be a registered nurse. She earns $21 per hour and had an annual income of about $43,680 in 2023. Ragan is employed at Harsco Metals where he works a "swing" shift. He explained that one week he works a forty-eight-hour week and the next
week he works a thirty-six-hour week.[1] Ragan offered his 2024 work schedule as an exhibit. In his brief he describes his schedule as "consistent but unusual," following the same pattern every four weeks.
On week one: Monday, Tuesday, Friday, Saturday, and Sunday on the day shift; week two: Wednesday and Thursday on the day shift; week three: Monday, Tuesday, Friday, Saturday, and Sunday on the night shift; week four: Wednesday and Thursday on the night shift.
He also testified that he sometimes has the chance to work extra hours to cover vacations and other circumstances for coworkers. He earns $28 per hour. He also serves in the National Guard, requiring him to attend drills one weekend per month. His annual income is nearly $64,000 from both employment sources.
Since their separation, the parents have worked well together in raising T.R. Neither parent expressed worries about the other's caretaking abilities. And while Smith was more comfortable doing pick-ups and drop-offs at the police station where there are cameras, she testified that she had no safety concerns with the visitation exchanges.
In August 2023, Smith petitioned to establish custody, visitation, and child support. She asked the court to grant joint custody and assign physical care to her. By contrast, Ragan asked for joint physical care. In February 2024, the district court held a hearing; Smith and Ragan were the only witnesses. The day after the hearing, the district court issued its ruling, granting physical care to Smith with "reasonable and liberal visitation" for Ragan. See Iowa Code ยง 600B.40 (2023).
That visitation included parenting time for Ragan every other weekend and midweek visits every other Wednesday.
Ragan appeals the custody order, arguing that the district court erred in not awarding joint physical care. As a fallback position, he contends that his visitation should be increased.
Smith v. Ragan, 24-0430 (Iowa App. Nov 13, 2024)
Outcome: Modified and affirmed.
Plaintiff's Experts:
Defendant's Experts:
Comments: