Phillips v. Davis-Spurling

LARSON, Justice.

This is a contest under Iowa Code section 600B.40 (1993) for the primary physical care of a five-year-old girl, Dallas. The parents, Terry Phillips and Cory Davis-Spurling, have never been married. The district court awarded physical care to the mother, and the court of appeals affirmed. We vacate the court of appeals decision and reverse the judgment of the district court.

Dallas was born in June 1990 following a brief relationship between her parents. Terry did not know that he had a child until Dallas was about six months old. Paternity was later established by a court…