In Re Marriage of Felson

525 N.E.2d 1103, 171 Ill. App. 3d 923, 121 Ill. Dec. 796, 1988 Ill. App. LEXIS 852
CourtAppellate Court of Illinois
DecidedJune 15, 1988
Docket86-2730
StatusPublished
Cited by17 cases

This text of 525 N.E.2d 1103 (In Re Marriage of Felson) 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 Felson, 525 N.E.2d 1103, 171 Ill. App. 3d 923, 121 Ill. Dec. 796, 1988 Ill. App. LEXIS 852 (Ill. Ct. App. 1988).

Opinions

JUSTICE RIZZI

delivered the opinion of the court:

Respondent, John Felson, appeals from those portions of a judgment for dissolution of marriage awarding custody of the parties’ minor child, Kristina, to petitioner, Carol Felson, and requiring John to pay a portion of Carol’s attorney fees. John also appeals from an order of the trial court precluding him from conducting re-cross-examination of Carol and a witness who testified in her behalf. We affirm.

John and Carol Felson were married in October 1981. In April 1983, Kristina was born. Thereafter, a petition for dissolution of marriage was filed by Carol on July 17, 1984. On August 1, 1984, when Kristina was one year old, the parties entered into an agreed order effectively splitting the physical custody of Kristina between them. A judgment for dissolution of marriage was subsequently entered by the trial court on October 2, 1986, and John did not file a motion for reconsideration. This appeal followed. We affirm.

We first address John’s argument that the trial court erred in awarding custody of Kristina to Carol. John contends that the trial court’s award of custody was against the manifest weight of the evidence. In support of his contention, John essentially argues that the reasoning of the trial court in its written opinion concerning custody is totally unsupported by the record and is refuted by the Child Custody Project of the Isaac Ray Center (Center) report and the testimony of the witnesses. We disagree.

In the present case, the trial court tendered a written opinion to the parties concerning the custody of Kristina. Kristina was three years old at the time and was examined by the court in an in camera hearing. Kristina was not questioned concerning her wishes as to custody. In its opinion, the trial court stated:

“Throughout the pendency of this proceeding, the child has split her time almost equally between the parents. Testimony concerning this arrangement established that when Kristina resided with John, a substantial amount of time was spent with John’s parents at their residence. Testimony also established that John’s parents exercised a substantial influence on both John and their granddaughter, a fact clearly observable to the Court from the testimony of Terese Felson, the respondent’s mother.
The Court has considered all statutory factors relevant to the custody determination and based upon those factors, finds that it is in the best interest of the minor child that custody be awarded to Carol Felson. It is clear to the Court that Carol seeks custody based upon the mother-daughter-relationship that she desires to nurture. John’s motives are not as clear to the Court, but it appears that his custody desire may be based upon the wishes of his extended family rather than the needs of Kristina. While both parties are fit and proper persons to be awarded custody, it is clear to the Court that Kristina’s best interests require the award of custody to Carol Felson.”

There was no evidence presented to indicate that either Carol or John suffered from any physical or emotional disabilities. Nor was there any evidence that Kristina suffered from such problems.

The determination as to which party to a failed marriage shall receive custody of their child is one of the most difficult tasks of a trial court. Such a decision necessarily rests on the temperaments, personalities and capabilities of the parties, and the demeanor of the witnesses who testify at trial. The trial judge is in the best position to evaluate these factors. (In re Marriage of Kennedy (1981), 94 Ill. App. 3d 537, 545, 416 N.E.2d 947, 953.) As such, a trial court has broad discretion in awarding custody, and there is a strong and compelling presumption in favor of a court’s decision. A court of review will not overturn a trial court’s custody determination unless the decision is against the manifest weight of the evidence or is manifestly unjust. In re Marriage of Stuart (1986), 141 Ill. App. 3d 314, 318, 490 N.E.2d 243, 246.

There are many relevant factors to be considered in determining which custodial arrangement will serve the best interests of a child. Among the factors applicable here are: (1) the wishes of Carol and John as to Kristina’s custody; (2) the interaction and interrelationship of Kristina with Carol, John and the other individuals who might significantly affect Kristina’s best interest; (3) Kristina’s adjustment to her home and community; and (4) the mental and physical health of all the people involved in Kristina’s life. 111. Rev. Stat. 1985, ch. 40, par. 602.

We initially address John’s contention that the Center’s report establishes that the trial court erred in awarding the custody of Kristina to Carol. John contends that the Center’s report clearly indicates that Kristina’s best interest would be served if John were awarded custody. John therefore concludes that the trial court’s award of custody was against the manifest weight of the evidence and must be vacated. We find no merit to this argument.

Pursuant to an agreement of the parties, the court appointed the Center to evaluate Carol, John and Kristina for custody purposes. Following several interviews with the parties and with Kristina, the Center tendered a written report to the parties. In its report, the Center stated:

“We recommend that it is in the best interest of Kristina to remain in this shared (joint) custody arrangement. Both of these parents are competent at rearing Kristina ***.
* * *
In general, Mr. Felson provides a sensitive, supportive and consistent environment for Kristina and with his parents’ help, she receives much affection, stimulation and enrichment from them all.
* * *
In summary, Mrs. Felson is a caring and concerned parent. She is consistent in her discipline and scheduling with Kristina. Mrs. Felson seems to be struggling with some identity issues of her own and is not quite as sensitive to Kristina’s moods and needs as her husband. Mrs. Felson’s self-focus may be due to the divorce adjustment or could be related to delayed developmental issues of her own. She is more impatient with Kristina and seems to take a sterner, somewhat more dictatorial attitude toward child-rearing.
* * *
This is an unusual case in that the evaluators were left with the distinct impression that each of these parents was continuing to struggle with the issue of divorce. Although each parent has been hurt, there still seems to be an emotional investment on each of their parts in the marriage. These parents have similar social, emotional and intellectual goals for Kristina and each appears to be caring and concerned about her.”

The report further indicates that both Carol and John were in therapy at that time.

Contrary to John’s contention, the Center’s report does not establish that the trial court’s award of Kristina’s custody to Carol is against the manifest weight of the evidence.

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In Re Marriage of Felson
525 N.E.2d 1103 (Appellate Court of Illinois, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
525 N.E.2d 1103, 171 Ill. App. 3d 923, 121 Ill. Dec. 796, 1988 Ill. App. LEXIS 852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-felson-illappct-1988.