Whitney Watters v. Derek John Lane
CourtCourt of Appeals of Iowa
Date FiledNovember 4, 2026
Docket25-1201
StatusPublished
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Full Opinion
IN THE COURT OF APPEALS OF IOWA
_______________
No. 25-1201
Filed November 4, 2026
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Whitney Watters,
Petitioner-Appellee,
v.
Derek John Lane,
Respondent-Appellant.
_______________
Appeal from the Iowa District Court for Wapello County,
The Honorable Daniel P. Wilson, Judge.
_______________
AFFIRMED
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Derek John Lane, Ottumwa, self-represented appellant.
Cynthia D. Hucks of Box and Box Attorneys at Law, Ottumwa,
attorney for appellee.
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Considered without oral argument
by Tabor, C.J., Schumacher, J., and Telleen, S.J.
Opinion by Tabor, C.J.
1
TABOR, Chief Judge.
“[A]t almost every extracurricular activity, . . . there’s been
incidents.” That’s why Whitney Watters was motivated to modify the
custody arrangement with Derek Lane, the father of their three children. The
district court found Whitney credible in her assertion that “there have been
‘hundreds of times’ Derek has called her names and swears at her during
exchanges of the children.” After accepting Whitney’s testimony that
reaching medical decisions and coparenting with Derek was “nearly
impossible,” the district court granted Whitney sole legal custody and
physical care of the three children. Derek appeals, contending that the court
“modified custody and child support without required findings.”
In our independent review, we find that the record supports the district
court’s conclusions.1 We affirm the district court’s ruling.
I. Facts and Prior Proceedings
Derek and Whitney did not marry but had three children together
during their on-again-off-again relationship. Their son Ka.C.L. was born in
2012, and their daughter Kl.C.L. was born in 2014. In 2015, the district court
awarded the parents joint legal custody and placed physical care of those two
children with Whitney. The order provided Derek visitation and required
him to pay $557 per month in child support.
1
These proceedings are in equity, so our review is de novo. Phillips v. Davis-
Spurling, 541 N.W.2d 846, 847 (Iowa 1995). Our top concern is the best interests of the
children. Id. While they are not binding, we give weight to the district court’s fact-
findings, especially on credibility determinations. Hines-Miller v. Teter, 35 N.W.3d 321, 328
(Iowa 2026).
2
The parents reconciled a few years later, and M.G.L. was born in 2018.
The parents separated for good in 2019.
In November 2023, Derek petitioned to modify child custody,
visitation, and child support for the two older children. He alleged there had
been a substantial change in circumstances warranting modification of
custody, including Whitney’s alleged actions “alienating the children from
their father.”2 At first, Whitney denied there had been a substantial change
in circumstances but later amended her answer and sought sole legal custody.
In May 2025, Derek amended his modification petition, still seeking sole
legal custody of all three children.
Meanwhile, the district court granted Whitney’s motion to appoint a
Child and Family Reporter (CFR) who was directed to conduct interviews
and make custody recommendations. After completing interviews with both
parents and the two older children, the CFR recommended Whitney have
sole legal custody. The CFR noted that Derek had “extreme difficulty
regulating his emotions in any setting,” including berating medical providers
in the presence of the children. The CFR also observed that custody
exchanges were “very traumatic” for the children because of Derek’s anger.
After a three-day trial, the district court granted Whitney’s request for
sole legal custody. The court also addressed three pending contempt actions.
Derek had filed two show-cause applications alleging Whitney had violated
legal custody provisions in the prior decree. The court dismissed those
actions, finding Derek did not prove beyond a reasonable doubt that Whitney
was at fault. Instead, the court found that “Derek’s actions and attitude have
2
On the same day, Derek petitioned to determine the custody of the youngest
child. The district court combined the two matters for hearing.
3
made it very difficult for the parties to jointly and successfully parent their
children.”
Whitney filed her own contempt application, alleging Derek had failed
to meet his child support obligations. The record showed that Derek had
accrued unpaid child support in the amount of $21,937.10. The court found
that Derek had willfully stopped paying child support and sentenced him to
ten days in jail. Derek had the option to purge that sentence by making regular
child support payments of $1,000 per month.
Derek appeals those rulings.
II. Analysis
A. Change in Custody
To change a custodial decree, the petitioning party must prove by a
preponderance of the evidence that conditions since the decree was issued
have so materially and substantially changed that the children’s best interests
call for the requested modification. In re Marriage of Frederici, 338 N.W.2d
156, 158 (Iowa 1983).
Derek, who is representing himself on appeal, contends the district
court lacked authority to grant Whitney sole legal custody because it did not
make “an express finding . . . that a material and substantial change in
circumstances occurred after the prior decree.” This contention fails for two
reasons.
4
First, Derek cannot take one position at trial and a different position
on appeal.3 See State v. Rutledge, 600 N.W.2d 324, 325 (Iowa 1999) (“[A] party
cannot sing a song to us that was not first sung in trial court.”). There is no
dispute that there has been a material and substantial change in
circumstances. “Both parties so pled in their respective applications for
modification, and each requested the court to make such a finding.” In re
Marriage of Von Ahsen, No. 01-0154, 2001 WL 1579643, at *2 (Iowa Ct. App.
Dec. 12, 2001).
Second, because our review is de novo, we need not consider “whether
the district court erred in not making an express finding concerning the
change-in-circumstances requirement.” In re Marriage of Slife, No. 17-0251,
2017 WL 6523473, at *5 n.1 (Iowa Ct. App. Dec. 20, 2017) (citing Lessenger v.
Lessenger, 156 N.W.2d 845, 846 (Iowa 1968)). “We do not reverse an equity
case upon such complaints as these but draw such conclusions from our
review as we deem proper.” Lessenger, 156 N.W.2d at 846.
In our de novo review, we conclude that the circumstances here “are
sufficiently compelling to justify setting aside joint custody in favor of a sole
custody arrangement.” In re Marriage of Winnike, 497 N.W.2d 170, 173 (Iowa
Ct. App. 1992). Tension between the parents was high and affected the well-
being of the children.
We recognize that our state favors joint custody “because, properly
tailored to the parties’ circumstances, joint custodial arrangements will often
go a long way toward encouraging both parents to share the rights,
3
At trial, Derek’s counsel asked him: “Has there been a substantial and material
change in circumstances since the entry of the order for [Kl.C.L.] and [Ka.C.L.]?” He
responded: “Yes, I believe so.”
5
responsibilities, and frequently joyful and meaningful experiences of raising
their children.” In re Marriage of Weidner, 338 N.W.2d 351, 359 (Iowa 1983).
But a parent can overcome that preference by offering clear and convincing
evidence that joint custody is unreasonable and not in the best interest of the
children. Iowa Code § 598.41(2)(b) (2023). Whitney made that showing.
Joint legal custody was neither reasonable nor in the children’s best interests.
For example, the parents did not communicate effectively about their
children’s needs. And Derek acted to undermine, rather than support,
Whitney’s relationship with the children. Finally, as the district court found,
there is a clearly established history of domestic abuse by Derek against
Whitney. See id. § 598.41(3)(c), (e), (j).
B. Contempt Rulings
It is difficult to tell if Derek is trying to challenge the court’s finding
that he failed to prove that Whitney was in contempt of the prior decree.
Derek’s pro se brief states: “The court declined to find contempt yet relied
on conduct-based conclusions to modify custody without explaining how
those rulings were reconciled.” In our de novo review, we have no trouble
reconciling the custody modification with the contempt rulings. No relief is
available on this claim.
C. Child Support
Like custody, we review child support orders de novo. See Markey v.
Carney, 705 N.W.2d 13, 19 (Iowa 2005). Derek claims in his opening brief
that the district court set his child support “using asymmetrical income
standards and duplicative orders.” It is unclear what he means. And we
generally avoid enhancing a party’s advocacy. See Ronnfeldt v. Shelby Cnty.
Chris A. Myrtue Mem’l Hosp., 984 N.W.2d 418, 421 (Iowa 2023).
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In his reply brief, Derek complains that the district court “imputed at
least $50,000 in annual income to [him] and used that figure to impose
$1,000 per month in support.” He argues that his historical income did not
accurately reflect his current earning capacity. But we cannot consider an
issue raised for the first time in a reply brief. See Villa Magana v. State, 908
N.W.2d 255, 260 (Iowa 2018). And even if we could, we find no error in the
district court’s child support calculation.
D. Appellate Attorney Fees
Whitney seeks appellate attorney fees. An award of appellate attorney
fees is discretionary. See Markey, 705 N.W.2d at 26. In determining whether
to award fees, we consider “the needs of the party making the request, the
ability of the other party to pay, and whether the party making the request
was obligated to defend the trial court’s decision on appeal.” Id. (citation
omitted). Because Whitney was forced to defend the district court’s ruling,
we think an award of appellate attorney fees is appropriate. Whitney asks us
to order Derek to pay $10,000 in her attorney fees and submits an affidavit in
support of that request. We find that amount too high given the parties’
relative incomes. But we do find that Derek has the ability to pay $5,000 and
order Derek to pay that amount toward Whitney’s appellate attorney fees.
AFFIRMED.
7