In Re Marriage of Edsey

556 N.E.2d 552, 199 Ill. App. 3d 39, 144 Ill. Dec. 874, 1990 Ill. App. LEXIS 405
CourtAppellate Court of Illinois
DecidedMarch 30, 1990
Docket1-89-0008
StatusPublished
Cited by11 cases

This text of 556 N.E.2d 552 (In Re Marriage of Edsey) 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 Edsey, 556 N.E.2d 552, 199 Ill. App. 3d 39, 144 Ill. Dec. 874, 1990 Ill. App. LEXIS 405 (Ill. Ct. App. 1990).

Opinions

JUSTICE LaPORTA

delivered the opinion of the court:

This appeal arises out of a determination regarding custody of the minor child and regarding a petition for attorney fees in connection with the judgment of dissolution of marriage of the petitioner, Steven Edsey, and the respondent, Lynne Edsey, n/k/a Lynn Yandura. The trial court awarded physical custody of the parties’ eight-year-old son, Douglas, to the petitioner and ruled, in petitioner’s favor at the close of respondent’s case on her petition for attorney fees. Respondent appeals the custody determination regarding Douglas and the ruling on her petition for attorney fees.

The evidence adduced at trial established that the parties were married on March 14, 1971. Steven Edsey, Jr., was born December 6, 1971; David Edsey was born June 3, 1973; and Douglas Edsey was bom March 12, 1980. The parties separated on October 4, 1984, and on March 7, 1985, a judgment for dissolution of the marriage was entered. That judgment incorporated the separation agreement between the parties which provided that they were to maintain joint legal custody of the three minor children and that physical custody was to be shared equally. At that time the parties lived within a mile of each other in Park Ridge, Illinois. Petitioner had physical custody of the children on 8 of 14 nights over a two-week period and on alternating weekends. Respondent had physical custody of the children during the weekdays, on the remaining 6 of 14 nights, and on alternating weekends. This visitation schedule was maintained by the parties until May 1986, when respondent moved to Lake Bluff, Illinois.

Respondent began dating her current husband, Gary Yandura, in September 1985, and subsequently sought an order of protection alleging that petitioner had pursued a course of action to harass, abuse, and annoy her. On December 19, 1985, the court entered an agreed order enjoining petitioner from harassing, annoying, or intimidating the respondent. On March 11, 1986, respondent married Gary Yandura, who was employed by the Lake Forest police department and was required to reside within 10 miles of the Lake Forest Public Safety Building. On May 3, 1986, respondent and Yandura moved into a home in Lake Bluff, Illinois, in accordance with the residence restriction imposed by Yandura’s employment. Prior to her move to Lake Bluff, respondent asked her two older sons whether they desired to move with her or to stay with their father in Park Ridge. Both boys indicated that they preferred to live with her if she remained in Park Ridge. If she moved to Lake Bluff, however, they wished to live with their father so that they could continue at their present schools and be near their friends. Respondent agreed that the two older boys could remain with their father.

Because Douglas was five years old when respondent moved to Lake Bluff with Yandura, she did not offer Douglas a choice as to where he wanted to live. Although she initially considered having all three boys live with their father, respondent subsequently concluded that Douglas should remain in her care because of his young age. On April 28, 1986, petitioner sought an injunction preventing respondent from removing Douglas from his kindergarten class in the Park Ridge school system prior to the completion of the 1985-86 school year, and the court entered an order requiring respondent to keep Douglas in the Park Ridge school system. The order further required respondent to deliver him to and pick him up from school. In accordance with the court’s order, respondent drove Douglas daily to and from his school in Park Ridge from May 1986 until the conclusion of the school term.

During the summer of 1986, all three of the parties’ sons lived with respondent in her home in Lake Bluff. In the autumn of 1986, the two older boys returned to their home with their father and resumed school with their classmates in Park Ridge. Douglas remained with respondent and commenced first grade in Central School in Lake Bluff. Respondent was not employed at that time and cared for Douglas before and after school. She also drove Douglas to his father’s home in Park Ridge every Friday evening so he could spend the weekend with his father and brothers. On April 30, 1987, petitioner brought his petition seeking sole custody of Douglas.

At the hearing on the petition, petitioner testified that during the weekends, he and Douglas played football together and went to bookstores with the two older boys. They sometimes built things together in the basement or went bicycling or to their farm in Wisconsin, where they had good friends. Douglas also played with his brothers and with his friend, Patrick, who lived in the house next to petitioner’s. When he arrived, Douglas was very excited to see his brothers and liked to sleep with petitioner or with one of his brothers.

Petitioner testified further that Douglas expressed feeling lost at respondent’s home and as though he lived with strangers. He also told petitioner of having several nightmares in which he was chased by snakes or people who were trying to kill him. In one such nightmare, Douglas dreamt that respondent and Yandura had turned into green monsters and killed him. In another, he dreamt that respondent had left him at a grocery store and that there was no one around to help him. After each of these nightmares, petitioner assured Douglas that they were just dreams and that he was in no danger. Petitioner also indicated that Douglas had made several statements about the possibility of his own death. On each of these occasions, petitioner assured Douglas that he was not going to die. Petitioner indicated further that Douglas appeared very depressed when it was time to return to his home in Lake Bluff after spending the weekend in Park Ridge and that Douglas had told him many times that he wanted to live with him and his brothers in Park Ridge. In response, petitioner had told Douglas that he would do everything he could to have Douglas reside with him in Park Ridge.

Petitioner acknowledged that he had not attended any school functions or parent-teacher conferences for Douglas, but explained that he avoided these events because he had previously been threatened by Yandura. He also acknowledged that since September 1986, respondent had provided him with each of Douglas’ report cards. He stated further that although he had called Douglas’ school and requested notice of parent-teacher conferences, he had received no response.

Respondent testified that after her marriage to Yandura, she and Douglas moved to their home in Lake Bluff, Illinois. During the summer of 1986, all three of her sons lived with her, and respondent was able to observe them together. Yandura’s two children from a prior marriage also lived in their Lake Bluff home at that time. Respondent observed that Douglas spent much more time playing with Brad Yandura, her husband’s six-year-old son, than he did with his older brothers. Steven Jr. and David spent a lot of time watching television together and frequently teased Douglas, instigating arguments. Respondent indicated that her three sons spent very little time together and fought a lot when they were together.

From September 1986 through June 1987, respondent saw her two older boys approximately once a month and when they had days off school or on holidays. Respondent stated that she had requested more time with Steven Jr.

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In Re Marriage of Edsey
556 N.E.2d 552 (Appellate Court of Illinois, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
556 N.E.2d 552, 199 Ill. App. 3d 39, 144 Ill. Dec. 874, 1990 Ill. App. LEXIS 405, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-edsey-illappct-1990.