In Re Marriage of Eleoupoulos

542 N.E.2d 505, 186 Ill. App. 3d 374, 134 Ill. Dec. 326, 1989 Ill. App. LEXIS 1114
CourtAppellate Court of Illinois
DecidedJuly 27, 1989
Docket4-88-0821
StatusPublished
Cited by5 cases

This text of 542 N.E.2d 505 (In Re Marriage of Eleoupoulos) 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 Eleoupoulos, 542 N.E.2d 505, 186 Ill. App. 3d 374, 134 Ill. Dec. 326, 1989 Ill. App. LEXIS 1114 (Ill. Ct. App. 1989).

Opinion

JUSTICE KNECHT

delivered the opinion of the court:

Respondent Michael L. Lacquement appeals from an order entered by the circuit court of Sangamon County on April 21, 1988, granting a change of custody of his minor daughter Maresa to the child’s mother, Diane Lacquement Eleopoulos, pursuant to her petition of December 23,1987. We affirm.

The record reveals the parties’ marriage was dissolved on November 19, 1984, and custody of their two children, Karma, age 10, and Maresa, age 2, was awarded to respondent. On January 28, 1986, petitioner filed a petition to modify the judgment of dissolution of marriage, requesting custody of both girls. The petition alleged changes in the environment of the two minor children seriously endangered their physical, mental, moral, and environmental health. Petitioner requested a transfer of custody of the girls in order to serve their best interests. An attached affidavit by petitioner stated Karma had reported that on January 21, 1986, respondent had severely beaten her with a belt. Karma stated she was afraid of her father and did not want to return to his custody. Petitioner had observed numerous bruises on Karma’s body.

No hearing on the motion was heard, but by stipulation of the parties, an order was entered on March 3, 1987, which granted custody of Karma to petitioner and ordered that custody of Maresa remain with respondent. The order also provided amended visitation schedules.

On December 1, 1987, respondent witnessed Maresa fall on the steps of her day-care center. Later that evening respondent disciplined Maresa by “popping” her several times with a belt. Respondent testified he continued to “pop” his daughter until he was sure the blows hurt her. Respondent said there were tears in Maresa’s eyes. While bathing Maresa the next evening, respondent noticed a large bruise on the right side of Maresa’s buttocks. Maresa did not know the bruise was there or how she had received it. She did not complain of tenderness.

Believing petitioner would file abuse charges, respondent telephoned the Department of Children and Family Services (DCFS) to advise them of the bruise. Later in the week, Don Boltz, a DCFS social worker, interviewed Maresa at her day-care center, at which time she said she did not know how she had received the bruise. After petitioner arrived at the center and talked to her daughter, Maresa said she was bruised because her father had spanked her with a belt.

On December 7, 1987, petitioner filed a petition for an order of protection on behalf of Maresa, alleging respondent had beat Maresa and caused her to suffer a large bruise to her buttocks. In response to the petition, the court issued an emergency order of protection finding “[t]here is reason to believe the child’s present environment seriously endangers her physical, mental, moral and emotional health.” Maresa was placed in the physical custody of her mother.

On December 23, 1987, petitioner filed a petition to modify the judgment of dissolution of marriage, which alleged the following:

“That since the time of the entry of the Order entered March 3, 1987, changes have occurred in the environment of MARESA *** which seriously endangers her physical, mental, moral and emotional health. A transfer of her custody to the Plaintiff is necessary to serve the best interest of MARESA *** yy

The attached affidavit of petitioner stated that on December 4, 1987, she “observed a large, deep bruise on the right buttocks, which Maresa advised she had gotten when her father hit her with a belt. *** Maresa further advised that her father had struck her in the face on more than one occasion.” On December 24, 1987, the court issued an interim order of protection awarding petitioner temporary legal custody of Maresa.

On January 19, 1988, respondent filed a petition to dismiss petitioner’s request for modification of the judgment of dissolution of marriage. Respondent alleged the affidavit filed by petitioner did not comply with the statutory requirements of section 610(a) of the Illinois Marriage and Dissolution of Marriage Act (IMDMA), because it did not specifically state “there is reason to believe the child’s present environment may endanger seriously his physical, mental, moral or emotional health.” Ill. Rev. Stat. 1987, ch. 40, par. 610(a).

After hearing arguments on the parties’ respective petitions, the court issued an order and memorandum opinion on April 21, 1988. The court found the March 3, 1987, order did not modify the original custody judgment as it pertained to Maresa. The order merely modified petitioner’s visitation rights while Maresa remained in the custody of respondent. Furthermore, the court stated the following:

“[T]his court finds that on the basis of testimony in a hearing on the Order of Protection, in the verified Petition for an Order of Protection, and the verified Petition for Modification of Custody, as well as the testimony in the hearing on the Petition to Modify Custody filed December 23, 1987, that there is reason to believe the child’s present environment may endanger seriously her physical, mental, moral, and emotional health.”

The court ultimately found by clear and convincing evidence that a change had occurred in the circumstances of Maresa and her parents since the original judgment was entered. Those changes were listed as follows:

“1) Maresa was severely bruised near the buttocks while in the care of Michael Lacquement.
2) Maresa has stated to the Court *** that Maresa was hit by her father on the back with a belt with a large buckle resembling a space shuttle.
3) The elder sister, Karma, states that she has previously been hit with that belt by her father.
4) Michael Lacquement’s former stepson, Benjamin Whitnall, testifies that he has been abused by Michael Lacquement with that same belt.
5) Mr. Lacquement admits having spanked Karma.
6) Mr. Lacquement admits having spanked Maresa around the time that her bruises were noticed *** and he admits to having used that belt to ‘pop’ Maresa ***.
7) Michael Lacquement did not call Mrs. Eleopoulos to inform her of Maresa’s bruise when he discovered it.
8) Maresa expressed her preference that she live with Diane Eleopoulos and her elder sister, Karma.
9) Diane Eleopoulos has remarried and has established a home with an environment suitable for raising two daughters.
10) Michael Lacquement remarried since the previous custody award and was divorced within a very short period of time since his divorce from Diane Eleopoulos.

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Bluebook (online)
542 N.E.2d 505, 186 Ill. App. 3d 374, 134 Ill. Dec. 326, 1989 Ill. App. LEXIS 1114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-eleoupoulos-illappct-1989.