Hall v. Hall

589 N.E.2d 553, 226 Ill. App. 3d 686, 168 Ill. Dec. 153, 1991 Ill. App. LEXIS 1865
CourtAppellate Court of Illinois
DecidedOctober 31, 1991
Docket3-91-0019
StatusPublished
Cited by10 cases

This text of 589 N.E.2d 553 (Hall v. Hall) 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
Hall v. Hall, 589 N.E.2d 553, 226 Ill. App. 3d 686, 168 Ill. Dec. 153, 1991 Ill. App. LEXIS 1865 (Ill. Ct. App. 1991).

Opinions

JUSTICE BARRY

delivered the opinion of the court:

Dawn Rippel, the unmarried mother of Rebecca J. Hall, appeals from the judgment of the circuit court of Marshall County awarding permanent custody of Rebecca to her father, Robert T. Hall. The issue on appeal is whether the trial court’s determination that it was in the child’s best interest that custody be awarded to the father is contrary to the manifest weight of the evidence.

Rebecca was bom June 2, 1987. At the time, her mother was 17 years old and her father, nearly 23. Dawn and Rebecca initially lived at home with Dawn’s parents on a farm outside of Toluca, Illinois, and Robert lived with his parents a few miles away. In September 1987, Dawn, Robert and Rebecca set up housekeeping in a home situated approximately equidistant between the Hall and Rippel homes. They lived together until Dawn and Robert had a serious argument and physical confrontation in May 1988. At that time, Dawn left with Rebecca. In early June 1988, Dawn rented a home outside of Rutland, Illinois, and has continued to live there with Rebecca throughout these proceedings. Robert still lives alone in the house in Toluca. On June 16, 1988, when Rebecca was just a year old, Robert initiated this suit seeking a judicial declaration of his paternity, and custody, visitation and support determinations. Dawn admitted Robert’s paternity and resisted his other requests for relief.

The matter proceeded doggedly for more than two years through numerous, protracted hearings, culminating with the judge’s oral ruling from the bench immediately after counsel’s closing arguments. This was followed by a written decision two months later granting sole permanent custody to Robert on January 28, 1991. In February, Dawn filed a timely notice of appeal. Rebecca was four by the time this appeal was heard. It is not over for her. While it is most certainly not in the child’s best interest to perpetuate this custody battle, for reasons that follow, we find that the court’s determination to grant permanent custody to Robert cannot be sustained.

The bulk of the testimony presented to the trial court consists of the parties’ exchanges of charges of isolated incidents of misconduct, carelessness or the exercise of immature judgment. There is testimony tending to corroborate such charges and further testimony tending to discount them. The details need not be repeated because they are only marginally relevant, at best. The impact of such testimony is simply that these parents were young and unprepared to be parents when Rebecca was born. Both parents have made mistakes and both have acknowledged incidents of poor judgment in their pasts. They have matured in many respects throughout this period of litigation. Perhaps only in the interest of currying judicial favor they have achieved success in modifying or eliminating destructive habits and inappropriate behavior, and they have begun to demonstrate some willingness to cooperate in decisions pertaining to Rebecca. Both Dawn and Robert have strong support from their respective families, and all grandparents are anxious to provide the nurturing and care Rebecca needs while her parents work. The record discloses that Rebecca is a bright, affectionate, well-adjusted child. She relates well to both of her parents and to both sets of grandparents.

Expert testimony of record from two psychologists, Ms. Leone Legan and Dr. Eric Ward, would support a decision to grant custody to either parent, or to fashion a joint custody agreement. Extensive testimony by the grandparents as well as expert testimony from the psychologists about how Rebecca related to each grandparent during interviews conducted in the psychologists’ respective offices was admitted into evidence. Dawn and her mother, Rose Rippel, who had been Rebecca’s primary care-giver and babysitter, respectively, provided insight into Rebecca’s daily schedule. Likewise, Robert and his parents testified about Rebecca’s conduct and activities during Robert’s visitation periods. Ms. Legan interviewed Dawn and Robert, each in the company of Rebecca when she was 18 months old, and evaluated them as potential custodians. Ms. Legan expressed concern about Robert’s susceptibility to substance addiction. She also found that Rebecca and Dawn had a “bonded” relationship that she did not observe with Robert. Based upon her various tests and interviews, Legan favored not disrupting Rebecca’s custodial arrangement; however, upon further questioning by the court, Legan also recommended that both parents and the grandparents could benefit from family counselling to create a more cooperative atmosphere for the child’s benefit.

Dr. Ward, in addition to interviewing and evaluating the parents, conducted separate interviews of the grandparents and of two of Dawn’s friends, Larry and Paul, in Rebecca’s presence. Dr. Ward’s interviews were conducted between July 1989, when Rebecca was just two years old, and October 1990. Dr. Ward observed that Rebecca was equally comfortable with both parents, but that she seemed to respond more readily to directions from the Hall grandparents. He also observed that Mrs. Rippel acted nervous when Rebecca resisted leaving Dawn so that she could be observed with the maternal grandmother. Ultimately, it was Dr. Ward’s suggestion that this was a unique situation in which the court might consider joint custody with on-going mediation of custody disputes.

In a custody dispute, the primary consideration is the best interest and welfare of the child. Because the trial court is in a better position to evaluate the demeanor and conduct of the parties and witnesses, the court’s decision is given great deference and will not be disturbed on appeal unless such decision is contrary to the manifest weight of the evidence. (In re Marriage of Dall (1989), 191 Ill. App. 3d 652, 548 N.E.2d 109; In re Custody of Bourey (1984), 127 Ill. App. 3d 530, 469 N.E.2d 386.) Regardless of whether the parents have ever been married, the statutory factors listed in section 602(a) of the Illinois Marriage and Dissolution of Marriage Act (Ill. Rev. Stat. 1989, ch. 40, par. 602(a)) (the Act) are relevant in determining a child’s custody. (In re Marriage of Kennedy (1981), 94 Ill. App. 3d 537, 418 N.E.2d 947; Bourey, 127 Ill. App. 3d 530, 469 N.E.2d 386.) This is not to say that statutory list is exclusive or that the trial judge must recite each factor upon which the court’s determination is made; but where nonstatutory factors are considered determinative of the custody decision, such factors should not remain obscure, and the weight of the evidence of record must support the custody decision.

In the court’s ruling granting sole custody to Robert, the court specifically noted that “no significant consideration was given to evidence of Dawn Rippel’s prior misconduct outside the presence of the child” and that the court had “considered all relevant factors, including the applicable factors listed at ch. 40 Ill. Rev. Stat. sec. 602.”

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In re Marriage of Lange
2025 IL App (5th) 230316-U (Appellate Court of Illinois, 2025)
In re Marriage of Barnett
2023 IL App (2d) 220284-U (Appellate Court of Illinois, 2023)
Murry v. Lemay
2021 IL App (5th) 210015-U (Appellate Court of Illinois, 2021)
Shinall v. Carter
2012 IL App (3d) 110302 (Appellate Court of Illinois, 2012)
Connor v. Velinda C.
Appellate Court of Illinois, 2005
Lamberis v. Barnwell
765 N.E.2d 82 (Appellate Court of Illinois, 2002)
In Re Marriage of Hefer
667 N.E.2d 1094 (Appellate Court of Illinois, 1996)
Hall v. Hall
589 N.E.2d 553 (Appellate Court of Illinois, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
589 N.E.2d 553, 226 Ill. App. 3d 686, 168 Ill. Dec. 153, 1991 Ill. App. LEXIS 1865, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-hall-illappct-1991.