Connor v. VELINDA C.

826 N.E.2d 1265, 356 Ill. App. 3d 315, 292 Ill. Dec. 829, 2005 Ill. App. LEXIS 222
CourtAppellate Court of Illinois
DecidedMarch 9, 2005
Docket5-04-0657
StatusPublished
Cited by24 cases

This text of 826 N.E.2d 1265 (Connor v. VELINDA C.) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Connor v. VELINDA C., 826 N.E.2d 1265, 356 Ill. App. 3d 315, 292 Ill. Dec. 829, 2005 Ill. App. LEXIS 222 (Ill. Ct. App. 2005).

Opinion

JUSTICE HOPKINS

The respondent, Velinda C., appeals the trial court’s order awarding the custody of the parties’ adopted daughter, Jasmine C., to the petitioner, Barbara Connor. Velinda argues on appeal that the trial court improperly applied the custody provisions of the Illinois Marriage and Dissolution of Marriage Act (Dissolution Act) (750 ILCS 5/601 et seq. (West 2002)) to determine the parties’ custody dispute and that the trial court’s decision to award the custody of Jasmine to Barbara was against the manifest weight of the evidence. We affirm.

FACTS

An adoption decree was filed on December 20, 2002. The decree terminated the parental rights of Jasmine’s biological parents and declared Jasmine, who was born on October 12, 2001, to be Velinda’s and Barbara’s child.

On January 30, 2004, Barbara filed a petition seeking the temporary custody of Jasmine. On February 10, 2004, Velinda answered Barbara’s petition and requested that the court award the custody of Jasmine to her. On February 5, 2004, the trial court entered an interim order allowing Barbara and Velinda to share the physical custody of Jasmine and estabhshing each party’s visitation as one-half of each week.

On May 6 and July 19, 2004, the court held hearings regarding Jasmine’s custody. Velinda testified that she was 41 years old and lived with her three daughters, Jessica C., age 18, Anna C., age 17, and Brittany C., age 13, along with Jasmine, who was her biological granddaughter. Velinda testified that she and Barbara lived together from June 1997 until January 2004 in Velinda’s home. In 2001, Jessica, who was 15 at the time, became pregnant with Jasmine. Jessica’s boyfriend, Corey Smith, who was also 15 at the time, was Jasmine’s father. In December 2002, after Jessica’s and Corey’s parental rights were terminated, Velinda and Barbara adopted Jasmine. Velinda testified that she had assumed the custody of Jasmine to provide Jasmine with insurance and to terminate Corey’s parental rights. Velinda testified that she and Barbara had promised Jessica that when Jessica finished college, they would return to court and reverse the adoption, placing Jasmine into Jessica’s care. Velinda testified that before and after Jasmine’s adoption, Jessica played the dominant mother role for Jasmine, that Jasmine called Jessica “mommy,” and that when talking to Jasmine during visitation exchanges, even Barbara referred to Jessica as “mommy.” Jessica changed Jasmine’s diapers, prepared her food and bottles, bathed her, and transported her to and from the baby-sitter.

Velinda testified that after 1999, she learned that Jessica and Anna had been molested by their father, to whom Velinda had been married until 1996. Velinda notified the proper authorities and provided her daughters with counseling. On approximately five occasions in 2002, while Jasmine was living in Velinda’s home, Anna attempted suicide by drug overdose, using prescription drugs from Velinda’s bedroom. One attempt occurred in Velinda’s home, although Jasmine was not near Anna at the time. Anna suffered from depression and self-mutilation, and in October 2003, she was convicted of a felony for distributing antidepressants at school. Brittany’s therapist indicated that Brittany, too, probably had been sexually molested by her father but that she subconsciously chose to forget. Velinda testified that she would not have a problem leaving Jasmine alone with Jessica, Anna, or Brittany.

Velinda testified that her house was very clean and that at the time of the hearing, fish were the only house pets. Velinda testified that she and the girls watched television in her bedroom, which was more like the family room. Velinda testified that she did not drink alcohol in Jasmine’s presence but that she took the prescription drug Xanax until January 2004.

Velinda testified that Jasmine suffered from pneumonia and used a breathing machine to help her breathe. Velinda testified that in the spring, Jasmine took some prescription medicine which listed extreme diaper rash as a side effect and that Jasmine suffered from extreme diaper rash, although, at the time of the hearing, it had healed.

Velinda testified that Barbara suffered from headaches, backaches, and leg aches daily and took Vicodin, which was prescribed to Barbara’s mother, Joanne. Velinda testified that Barbara never recovered from leukemia, that Barbara did not have the energy to cook and clean, that Barbara drank alcohol to excess, and that Barbara smoked cigarettes.

Velinda testified that since February 9, 2004, she had been employed by Financial Asset Management Systems as a bill collector for Cingular Wireless. Velinda’s hourly wage was $12.69, and she worked 40 hours per week. On Mondays, Tuesdays, and Wednesdays, Velinda worked from 12 to 9 p.m., and on Thursdays and Fridays, she worked from 8 a.m. to 5 p.m. Velinda also received $840 per month in child support.

Jessica testified that since Jasmine’s birth, Jasmine slept in Jessica’s room and that Jessica cared for Jasmine, bathed her, changed her diapers, fed her, made her bottles, prepared her for the baby-sitter, and transported her to and from the baby-sitter. Jessica testified that even after Velinda and Barbara adopted Jasmine, Jessica remained Jasmine’s primary caregiver. Jessica testified that when Barbara lived in Velinda’s home, Jessica provided substantially more daily care for Jasmine than did either Velinda or Barbara.

Jessica testified that from 2001 to 2003, when Barbara and Velinda were living together, Barbara brought liquor into the house. Jessica testified that Barbara often became intoxicated and, as a result, behaved irrationally. Jessica testified that Barbara did not care for Jasmine on a daily basis by making her meals or changing her diapers.

Jessica testified that on Sunday mornings, Velinda woke with Jasmine and cooked Jasmine breakfast, bathed her, changed her diaper, and fed her. Jessica testified that from August 2003 until February 2004, Velinda did not work outside the home and cared for Jasmine while Jessica was at school. Jessica testified that Velinda played with Jasmine and that Velinda and Jessica took Jasmine to the park and on other fun field trips.

Jessica testified that Jasmine suffered from diaper rash in general and that in March 2004, Jasmine was given antibiotics for pneumonia, which worsened her diaper rash. Jessica testified that since Velinda and Barbara’s separation, Jasmine acted withdrawn. Jessica testified that on one occasion when she was curling her hair, Jasmine accidently touched the curling iron, which caused a burn to her hand. Jessica also testified that when Jasmine returned from Barbara’s home on June 30, 2004, Jasmine had a blister on her hand.

Corey Smith, Jasmine’s biological father and Jessica’s boyfriend at the time of the hearing, testified that when he visited Velinda’s home after Jasmine’s birth until April 2002, he regularly observed Barbara drinking beer and becoming intoxicated. Corey testified that he did not observe Velinda using drugs. He testified that Velinda treated Jasmine as a granddaughter and that Barbara played with Jasmine by watching television.

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Cite This Page — Counsel Stack

Bluebook (online)
826 N.E.2d 1265, 356 Ill. App. 3d 315, 292 Ill. Dec. 829, 2005 Ill. App. LEXIS 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/connor-v-velinda-c-illappct-2005.