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IN RE MARRIAGE OF SMITH

No. 61284.

269 N.W.2d 406 (1978)

In re the MARRIAGE OF Joanne SMITH and James Wilson Smith. Upon the Petition of Joanne SMITH, Appellee, and concerning James Wilson SMITH, Appellant.

Supreme Court of Iowa.

August 30, 1978.

Attorney(s) appearing for the Case

Hyland, Laden & Pearson, Des Moines, for appellant.

Nolden I. Gentry, Jr., and Thomas J. Levis, Des Moines, for appellee.

R. Earl Barrett, Des Moines, for child.

Considered en banc.

UHLENHOPP, Justice.

This appeal in a dissolution proceeding involves the propriety of placing custody of a child with a relative rather than with one or the other parent. The parties and the relative do not raise issues as to personal jurisdiction of the relative or as to willingness of the relative to accept custody.

James Wilson Smith, the husband in the case, was previously married and divorced. By that marriage he had several children from whom he is completely...

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