In Re Marriage of Coulter

964 N.E.2d 1159, 358 Ill. Dec. 137
CourtAppellate Court of Illinois
DecidedJanuary 13, 2012
Docket3-10-0973
StatusPublished

This text of 964 N.E.2d 1159 (In Re Marriage of Coulter) 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 Coulter, 964 N.E.2d 1159, 358 Ill. Dec. 137 (Ill. Ct. App. 2012).

Opinion

964 N.E.2d 1159 (2012)
358 Ill. Dec. 137

In re MARRIAGE OF Melissa Lee COULTER, Petitioner-Appellee, and
Donald R. Coulter, Respondent-Appellant.

No. 3-10-0973.

Appellate Court of Illinois, Third District.

January 13, 2012.

*1160 Douglas C. Scovil, Ruud, Scovil & Marsh, Rock Island, for Donald R. Coulter.

David G. Morrison, Attorney at Law, Rock Island, for Melissa Lee Coulter.

OPINION

Justice CARTER delivered the judgment of the court, with opinion.

¶ 1 The petitioner, Melissa Lee Coulter, filed a petition for removal with respect to Gwenyth, the child whom Melissa had with the respondent, Donald R. Coulter. After a hearing, the circuit court granted the petition. On appeal, Donald argues that removal was not in Gwenyth's best interests because it drastically impaired his visitation rights. We affirm.

¶ 2 FACTS

¶ 3 In 2001, the parties married and Melissa gave birth to Gwenyth. The parties divorced in 2005, and Melissa was given sole custody of Gwenyth, subject to Donald's visitation rights. Donald's visitation consisted of two nights per week, every other weekend, and alternating holidays.

¶ 4 In 2010, Melissa filed a petition to remove Gwenyth from Illinois. The petition stated that Melissa obtained employment as a foreign service officer for the United States Department of State (State Department). Her career would consist of two-thirds overseas posts at United States embassies and one-third posts at the State Department in Washington, D.C. The posts would last for two to three years, *1161 with transitions typically occurring in summers. She would be expected to complete at least two "hardship" posts in which family members would not be allowed to accompany her due to either a low standard of living or dangerous conditions. In these instances, the State Department "provides a maintenance allowance for care of dependents by a designated guardian." If Gwenyth would not be allowed to accompany Melissa on these posts, Gwenyth would live with Donald and attend a local public school, and Donald would receive the full amount of the maintenance allowance.

¶ 5 Additionally, the petition stated that starting in May 2010, Melissa would undergo a 4- to 12-month training period in Virginia, during which time she would reside in an apartment in Falls Church. Gwenyth would stay with Donald between May and September 2010.

¶ 6 Melissa attached to the petition some information regarding overseas schools and schools in Falls Church, Virginia. Among other things, these data sheets reported that the American students in the overseas schools had average SAT scores higher than the national average, and the Falls Church public schools also had average SAT scores higher than the national average.

¶ 7 Melissa also attached a proposed parenting agreement to the petition. Donald would receive visitation for the 10 weeks of Gwenyth's summer vacation; transportation costs would be covered by the State Department. The proposed agreement also stated that "[Melissa] will arrange and assume financial responsibility for the minor child to be chaperoned during travel from [her] residence to [Donald's] residence. [Donald] will do the same during travel from [his] residence to [Melissa's] residence." In addition, Donald would have an option to exercise visitation for one to two weeks during Christmas break in odd-numbered years and during Easter break in even-numbered years; transportation costs would be Donald's responsibility.

¶ 8 With regard to communication, the proposed agreement stated that Melissa would provide Gwenyth with a computer and Internet access so Donald could communicate with her via webcam and e-mail.

¶ 9 With regard to schooling, the proposed agreement stated that the State Department would cover the majority of Gwenyth's overseas schooling costs, and Melissa would cover any remaining costs.

¶ 10 On September 8, 2010, the circuit court held a hearing on Melissa's petition for removal. Melissa testified that prior to her State Department job, she worked for 4½ years as an editor at a local newspaper and made approximately $34,000 per year. Given economic difficulties in the newspaper industry, Melissa began looking for other employment in the Quad Cities area and in Chicago. She began looking into the foreign service officer job in late 2008 and, after a lengthy process, was offered the job in early 2010.

¶ 11 At the time of the hearing, Melissa was working in Washington, D.C., was earning approximately $60,000 per year, and had more comprehensive health insurance coverage than she had in Rock Island. She also stated she would be able to begin a college savings account for Gwenyth, which she could not do while working as an editor. Also, her apartment in Falls Church, Virginia, was more modern than her Rock Island duplex and had amenities she did not have in the duplex. Melissa's boyfriend lived with Melissa and Gwenyth in the Falls Church apartment. They began dating in February 2009, and he moved in with her in the Rock Island duplex in December 2009. They moved to *1162 the Virginia apartment in May 2010. Melissa's boyfriend had a good relationship with Gwenyth and assisted with her care, including getting Gwenyth from their apartment to the school bus stop and back again.

¶ 12 When asked why she selected the Falls Church, Virginia, area, Melissa stated:

"I looked at overall test scores, and then I also talked to other Foreign Service parents about their experiences with the school district, the various school districts, and Fairfax County was highly recommended. In fact, I think on the worldwide school fact sheet, where it compares the overseas schools to D.C. area schools, Fairfax County has the highest test scores."

¶ 13 Melissa also testified that she and Gwenyth had been involved in Girl Scouts in Rock Island, and she planned to continue that involvement in Virginia. She had looked into the Girl Scouts program at Gwenyth's new school in Virginia, Glen Forest Elementary School. She also looked into other extracurricular activities, including after-school programs, soccer leagues, and dance academies.

¶ 14 Glen Forest Elementary School, which Melissa chose after looking into other schools in the area, was approximately 10 to 15 minutes by bus from Melissa's apartment. The school bus stopped at the apartment complex due to the number of children living in the complex who attend the school. The school was larger than Gwenyth's Rock Island school, had smaller class sizes, and, in Melissa's opinion, had better facilities. They also had an arts program, which her Rock Island school did not have. In sum, Melissa opined that the Virginia school was at least comparable to, and in several respects better than, the Rock Island school.

¶ 15 Melissa's job assignment in Washington, D.C., was scheduled to end in June 2011, but she would remain in the United States until sometime between March and July 2012. She had approximately 30 different overseas posts for which she could apply, and her preferences depended on the schools available for Gwenyth and the safety of the location. The State Department had a specific office set up to "assist with the schools and extracurriculars for kids, plan family outings for people at post, et cetera." Melissa had visited that office to view information about overseas schools.

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964 N.E.2d 1159, 358 Ill. Dec. 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-coulter-illappct-2012.