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IN RE MARRIAGE OF ELLIS

No. 04-1449.

705 N.W.2d 96 (2005)

In re the MARRIAGE OF Laura Kate ELLIS and James M. Ellis. Upon the Petition of Laura Kate Ellis, Petitioner-Appellee, and Concerning James M. Ellis, Respondent-Appellant.

Court of Appeals of Iowa.

September 14, 2005.

Attorney(s) appearing for the Case

Margaret Lainson of Meardon, Sueppel & Downer, Iowa City, for appellant.

John Hayek and Alison Smith of Hayek, Hayek, Brown, Moreland & Hayek, L.L.P., Iowa City, for appellee.

Heard by VOGEL, P.J., and MILLER and HECHT, JJ.

MILLER, J.

James Ellis appeals the physical care provisions of the decree dissolving his marriage to Laura Ellis. He contends the court erred in not granting his request for joint physical care of the parties' minor son, Paxton. He argues that joint physical care is in the child's best interests. We modify to award joint physical care and remand for further proceedings.

I. BACKGROUND FACTS AND PROCEEDINGS.

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