Department of Public Aid ex rel Gagnon-Dix v. Gagnon

CourtAppellate Court of Illinois
DecidedMay 28, 1997
Docket4-95-0623
StatusPublished

This text of Department of Public Aid ex rel Gagnon-Dix v. Gagnon (Department of Public Aid ex rel Gagnon-Dix v. Gagnon) 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
Department of Public Aid ex rel Gagnon-Dix v. Gagnon, (Ill. Ct. App. 1997).

Opinion

                              NO. 4-95-0623

                         IN THE APPELLATE COURT

                               OF ILLINOIS

                             FOURTH DISTRICT

THE ILLINOIS DEPARTMENT OF PUBLIC AID,   )   Appeal from

ex rel. KILEY GAGNON-DIX, a Minor, by    )   Circuit Court of

DEBRA DIX,                               )   Sangamon County

         Petitioner,                    )   No. 87F110

DEBRA DIX,                               )

         Petitioner-Appellant,          )   

         v.                             )

CHARLES GAGNON,                          )   Honorable

         Respondent-Appellee.           )   George H. Ray,

                                        )   Judge Presiding.

_______________________________________________________________

         JUSTICE COOK delivered the opinion of the court:

         In March 1994, the Illinois Department of Public Aid

(Department) filed a petition to determine paternity on behalf of

Kiley Gagnon-Dix, a minor, by Debra Dix, her mother.  Paternity

was subsequently established by a blood test.  In January 1995,

respondent Charles Gagnon admitted paternity, and in February

1995, he filed a petition for visitation, which was granted by

the trial court in June 1995.  Later that month, petitioner Debra

Dix moved to reopen, stay visitation, and appoint a guardian ad

litem (GAL).  The trial court granted the motions.  A GAL was ap-

pointed and interviewed Kiley, Dix, and Gagnon.  After consid-

ering the GAL's report, the trial court again granted respondent

visitation.  Petitioner Dix appeals, maintaining the trial

court's ruling was against the manifest weight of the evidence

and the court erred in not appointing a GAL at the outset of the

case.  Her motion for an emergency stay was denied.  The Depart-

ment was involved in trial court proceedings to determine pater-

nity and establish child support but is not party to this appeal.

We affirm.

                             I.  BACKGROUND

         Kiley was born to Dix on November 6, 1986.  Dix noti-

fied Gagnon of her pregnancy.  He was then in the United States

Marine Corps stationed at Camp Le Jeune, North Carolina.   She

also notified him of Kiley's birth.

         On January 29, 1987, Dix filed a petition for support

in this case under the Revised Uniform Reciprocal Enforcement of

Support Act (URESA) (Ill. Rev. Stat. 1985, ch. 40, par. 1201 et

seq.) against Gagnon, which the circuit court transferred to

North Carolina.  On October 19, 1989, the superior court of Oslow

County, North Carolina, dismissed the action without prejudice as

Gagnon had been discharged from the Marine Corps and moved to

Springfield, Illinois.  

         On April 2, 1990, Gagnon stated through his attorney

(by letter referencing this case number) that, in the event he

were determined to be Kiley's father, he was prepared to do "the

right thing."  The letter noted statutory child support was $120

per month, stated he would exercise regular visitation, set out a

proposed visitation schedule and asked to hear from Dix within 10

days.

         On March 24, 1994, the Department filed a petition to

determine the existence of a father-and-child relationship.

Blood tests were ordered.  Following the results of the tests, on

February 15, 1995, the trial court entered an agreed order of

parentage.

         On February 24, 1995, Gagnon filed a petition for visi-

tation.  Since the time of Kiley's birth, Gagnon had not had

contact with her.  After hearing evidence on March 17, the trial

court granted visitation by order of June 9, 1995.

         On June 21, 1995, Dix moved to stay visitation, reopen

the case, and appoint a GAL.  A GAL was appointed and, in her

July 1995 report, recommended that visitation be granted.  On

July 13, 1995, the trial court conducted another evidentiary

hearing and in camera interview.  On July 28, 1995, the trial

judge, after considering the GAL's report and determining that

visitation would be in the best interest of Kiley, ordered visi-

tation.  Dix appeals.

                              II.  ANALYSIS

         Gagnon did not file a brief in this appeal.  The stan-

dard of review in such instances is governed by First Capitol

Mortgage Corp. v. Talandis Construction Corp., 63 Ill. 2d 128,

345 N.E.2d 493 (1976).  Under Talandis, "if the record is simple

and the claimed errors are such that the court can easily decide

them without the aid of an appellee's brief, the court of review

should decide the merits of the appeal."  Talandis, 63 Ill. 2d at

133, 345 N.E.2d at 495.  We choose to decide this case on the

merits.

         First, Dix argues that the trial court's ruling was

against the manifest weight of the evidence.  We disagree.

         The GAL's report recommended visitation.  It noted

that, while Kiley stated she did not want to meet her father, her

reasons for this position were not clearly stated and appeared to

be a mixture of her feelings and those of her mother.  The GAL

found Kiley had definite apprehension in meeting Gagnon.  On the

other hand, at one point Kiley stated it "might be fun" to know

her father "if he was strong" and could give her piggyback rides

to bed.

         The GAL also found that Gagnon appeared to truly want

to start a relationship with his daughter and undertook steps to

ease her transition.  The report noted he had a bedroom for Kiley

and intended to enlist the aid of his sisters to decorate it in

an appropriate fashion.  The GAL was also impressed by his state-

ment that he had arranged for his young niece to come to Spring-

field from Chicago to meet Kiley the first weekend the visitation

had been scheduled.

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