MICHAEL J. CIUNGA, Plaintiff-Appellee, vs. JULAN WHITE, Defendant-Appellant.
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IN THE COURT OF APPEALS OF IOWA
No. 9-843 / 09-0007
Filed December 30, 2009
MICHAEL J. CIUNGA,
Plaintiff-Appellee,
vs.
JULAN WHITE,
Defendant-Appellant.
________________________________________________________________
Appeal from the Iowa District Court for Jefferson County, Annette J.
Sciezinski, Judge.
A mother appeals the district court’s order granting legal custody and
physical care of the parties’ children to the children’s father. AFFIRMED.
Julan White, Fairfield, appellant pro se.
Michael Ciunga, Fairfield, appellee pro se.
Considered by Vogel, P.J., and Doyle and Mansfield, JJ.
2
VOGEL, P.J.
Julan White appeals from the district court’s order granting Michael
Ciunga legal custody and physical care of their two children. On appeal, she
challenges these provisions. We review child custody orders de novo. Iowa R.
App. P. 6.907 (2009). Our primary concern is the children’s best interests. Iowa
R. App. P. 6.904(3)(o).
The district court set forth the relevant facts in its detailed ruling, including
both the positive and negative qualities of each parent. The district court then
looked to the children’s immediate and long-term needs and determined that
Michael was the parent who would offer the children greater stability. As the
district court found, Julan was “unsuitable as a legal custodian” and “had
demonstrated a resounding lack of parental maturity and fitness,” whereas
Michael had “stepped up to offer services necessary to maintain emotionally
stable, physically safe, and morally appropriate care for his children.”
We defer to the credibility assessments made by the district court and
conclude the district court’s factual findings were fully supported by the record.
See In re Marriage of Vrban, 359 N.W.2d 420, 423 (Iowa 1984) (discussing that
the trial court, unlike the appellate court, had the opportunity to listen to and
observe the parties and witnesses).
The district court’s ruling reflects it
considered and weighed the appropriate factors in determining the award of legal
custody and physical care. Iowa Code § 598.41(3) (2007); In re Marriage of
Winter, 223 N.W.2d 165, 166-67 (Iowa 1974). Therefore, we affirm the district
court pursuant to Iowa Court Rule 21.29(1)(a), (d), and (e).
AFFIRMED.
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