In Re Marriage of Archibald

843 N.E.2d 446, 363 Ill. App. 3d 725, 300 Ill. Dec. 188, 2006 Ill. App. LEXIS 44
CourtAppellate Court of Illinois
DecidedJanuary 31, 2006
Docket5-05-0498
StatusPublished
Cited by9 cases

This text of 843 N.E.2d 446 (In Re Marriage of Archibald) 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
In Re Marriage of Archibald, 843 N.E.2d 446, 363 Ill. App. 3d 725, 300 Ill. Dec. 188, 2006 Ill. App. LEXIS 44 (Ill. Ct. App. 2006).

Opinion

JUSTICE HOPKINS

delivered the opinion of the court:

Christiana D. Archibald, the respondent, appeals from the judgment of the circuit court of Bond County awarding William D. Archibald, the petitioner, the custody of Kyle Behrens, William’s stepson and Christiana’s biological child, and Joseph Archibald, Christiana and William’s biological child. We affirm.

FACTS

On July 23, 2003, William filed a petition for the dissolution of the parties’ marriage. The petition sought, inter alia, the custody of Kyle and Joseph. William also filed a petition for temporary relief, seeking the custody of Kyle and Joseph and child support.

On August 15, 2003, the court held a hearing on the petition. Christiana appeared pro se. The parties agreed to the entry of an order allowing William the temporary custody of Kyle and Joseph, awarding Christiana at least seven days per month of visitation, ordering Christiana to pay William $175 every two weeks for child support, and ordering Christiana to provide health insurance for Kyle and Joseph.

On October 5 and November 8, 2004, the court held hearings on the petition. The following evidence was adduced at the hearings.

Christiana testified that Kyle is her son and that his biological father is Kevin Behrens. Christiana testified that although she maintains contact with Kevin, he does not visit with Kyle very often. Christiana testified that Kevin last visited with Kyle in 2001 or 2002 and that she took Kyle to see Kevin at that time.

Christiana testified that she left William in December of 2001 and that she initially had custody of Kyle and Joseph. Christiana claimed that when William gained custody of Kyle and Joseph, she and William verbally agreed that Kyle and Joseph would live with him until the end of the school year and that, thereafter, they would live with her in Chicago. Christiana complained that William would not communicate with her during this time.

In September of 2002, Christiana moved into a one-bedroom apartment in Chicago with her boyfriend, William Jeter. Christiana testified that she moved to Chicago to continue her education and care for Kyle and Joseph. Although she claimed that she continued her education, she admitted that she did not care for Kyle and Joseph. She denied that she moved to Chicago to be with Jeter. Christiana testified that Jeter gets along well with Kyle and Joseph and helps care for them when they visit. According to Christiana, when Kyle and Joseph visit with her and Jeter, she, Kyle, and Joseph sleep in the bedroom and Jeter sleeps on the couch. Although Christiana testified that she had since moved into a two-bedroom apartment, she admitted on cross-examination that she still lives in the one-bedroom apartment with Jeter and merely has an option to rent a two-bedroom apartment should she receive the custody of Kyle and Joseph.

Christiana testified that she had a job awaiting her when she moved to Chicago. At the time of the hearings, Christiana was employed by St. Francis Hospital as an emergency medical technician. In April of 2004, her net income was $731.06 every two weeks.

Christiana testified that when Kyle and Joseph visit her, they have access to the apartment complex racquetball court and swimming pool. Christiana stated that Kyle and Joseph enjoy playing games on her computer and that she takes them to amusement parks and horseback riding.

Christiana testified that if she were awarded the custody of Kyle and Joseph, Joseph would attend a day care at her workplace. The day care has various activities and clubs for the children. Kyle would attend Dirksen Elementary School, which is three blocks from her apartment. Christiana provided brochures of the school, which show that the school has a strict discipline policy and requires students to wear uniforms. The school and nearby churches have numerous clubs and activities. Christiana testified that Kyle’s current school does not have such programs.

Christiana testified that she keeps a book of Kyle’s academic progress. According to Christiana, Kyle’s language, math, science, and health grades have dropped from As to Cs and Ds. Christiana acknowledged that Kyle received As in reading and social studies and Bs in spelling and reading comprehension. She could not name Kyle’s fourth- and fifth-grade teachers, and she was not aware that Kyle signed his name “Kyle Archibald.”

Christiana recalled that, during the marriage, William’s discipline of Kyle and Joseph was inconsistent, but she acknowledged that William was affectionate with Kyle and Joseph. Christiana testified that William was on medication for depression and obsessive-compulsive disorder but discontinued taking the medication due to financial constraints. When William discontinued the medication, he became “hateful” and talked to Christiana with clenched teeth. Christiana testified that while William did not behave this way in front of Kyle and Joseph, his discipline with them was harsh. When asked how many times she had seen William spank Kyle and Joseph, Christiana stated that she saw William spank them between three and five times. Since the end of 2001, when Christiana and William separated, she has not seen any marks on either child. Christiana testified that in 2000, when she and William were still together, William spanked Kyle and left marks on his body.

Christiana acknowledged that her visitation schedule with Kyle and Joseph was unpredictable. Christiana testified that she had difficulty exercising visitation due to her work schedule. She admitted that she did not see Kyle and Joseph in June of 2004. She also agreed that she did not pay child support from November of 2003 to May of 2004.

Christiana complained that William denied her visitation with Joseph on one occasion and that he was late for visitations on other occasions. During the summer of 2004, Christiana noticed that Kyle and Joseph were dirty and smelly and that their clothes were dirty and too small. On three visits, Kyle and Joseph had head lice, and one time, Christiana noticed that Kyle and Joseph had flea bites. When Christiana complained about Kyle’s and Joseph’s appearances, William became agitated.

On October 16, 2004, William’s car broke down while he was on his way to pick Kyle and Joseph up from a visit with Christiana. Christiana picked William up and drove William, Kyle, and Joseph back to his home. Christiana went inside the home while William walked the dog. She testified that the house was “unkept” and “dirty.” While there, Christiana went into the bathroom and noticed that there was a foul odor and sewage residue in Kyle and Joseph’s bathtub. Kyle and Joseph used the bathtub in William’s bathroom. Christiana testified that the sewer had been a recurring problem since she had lived there and that William told her that he did not have time to fix the problem.

Christiana testified that Kyle and Joseph are on her prescription plan and that William does not know how to properly use the card. Christiana admitted that she had William’s telephone disconnected because the bill had not been paid and they had argued about it.

Christiana denied that she and Jeter had ever broken up.

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Bluebook (online)
843 N.E.2d 446, 363 Ill. App. 3d 725, 300 Ill. Dec. 188, 2006 Ill. App. LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-archibald-illappct-2006.