In Re Marriage of Guthrie

915 N.E.2d 43, 392 Ill. App. 3d 169, 333 Ill. Dec. 522, 2009 Ill. App. LEXIS 535
CourtAppellate Court of Illinois
DecidedJune 25, 2009
Docket5-08-0095
StatusPublished
Cited by5 cases

This text of 915 N.E.2d 43 (In Re Marriage of Guthrie) 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 Guthrie, 915 N.E.2d 43, 392 Ill. App. 3d 169, 333 Ill. Dec. 522, 2009 Ill. App. LEXIS 535 (Ill. Ct. App. 2009).

Opinions

JUSTICE GOLDENHERSH

delivered the opinion of the court:

Petitioner, Krystal Lynn Guthrie, filed a petition for the dissolution of her marriage with respondent, Brian Lee Guthrie, in the circuit court of Jefferson County. Petitioner also filed a petition for removal, seeking permission to move with the sole child of the marriage, B.G., to Arizona. The circuit court entered a judgment of dissolution of marriage that also granted the petition for removal and stated terms for visitation by respondent. On appeal, respondent raises issues regarding whether the grant of the petition for removal was proper.

FACTS

On August 14, 2006, petitioner and respondent were married in Phoenix, Arizona. In September 2006, they moved to Illinois. The product of their union was a boy, B.G., born January 20, 2007. On March 28, 2007, petitioner left Illinois and went to Arizona with the child. On April 23, 2007, petitioner filed a petition for the dissolution of the marriage in the circuit court of Jefferson County, Illinois.

On July 11, 2007, the court entered an agreed temporary order. The order provided visitation for respondent during the daytime on every Tuesday, Wednesday, and Thursday. Petitioner was granted leave to take B.G. on vacation to Arizona from July 3, 2007, to July 24, 2007. On November 9, 2007, petitioner filed a petition for leave to remove.

On December 20, 2007, the trial court conducted a hearing on the petition for removal. On the date of the hearing, petitioner was 21 years old, respondent was 20 years old, and B.G. was 11 months old. Petitioner described a series of moves she has made since her wedding. At first, the parties lived with petitioner’s mother in Phoenix. The parties then moved to Illinois and lived with respondent’s parents for three months until his parents kicked them out after a dispute. Petitioner stated that after leaving respondent’s parents’ home, she stayed in a local hotel room with her mother and then got an apartment in the area before returning to Phoenix. Petitioner testified that the longest continuous period she has lived in Illinois was during the pendency of this action. Petitioner testified that she met respondent in Phoenix and that she has no family or close friends in Illinois.

Petitioner testified that if the removal was granted, she would live with her mother and younger sister in a three-bedroom house in Phoenix. She testified that she has been unable to secure gainful employment in Illinois because she has no one to watch B.G. but that if allowed to return to Phoenix, she would be able to work as a cashier at a Safeway grocery store. Petitioner stated that she would facilitate visitation for respondent and that she would be able obtain travel vouchers for respondent through her father’s employment with American Airlines. Petitioner also described her long-term plans to obtain a degree in nursing and possibly move closer to the region, such as Springfield, Missouri.

On cross-examination, petitioner admitted that she was on public aid. She also admitted that she was not currently able to get travel vouchers through her father’s employment and that she had to purchase her own ticket for travel to the hearing. Petitioner also admitted that her mother would move to Illinois if the removal was not granted and that she would try to settle in the Chicago area.

Jean Guerena, petitioner’s mother, described her residence and her expectations if petitioner and B.G. were to live in Phoenix. Guerena testified that she has been an accounts receivable clerk at Safeway for more than a decade and that petitioner’s 14-year-old sister could help in the upbringing of B.G. were they to return to Phoenix.

Respondent testified that he was living with his parents in McLeansboro. He described how he interacted and played with B.G. during visitation. Respondent described feeding, bathing, and dressing B.G. Respondent believed that a removal would hinder his relationship with B.G. Additionally, respondent testified that he could not afford the travel. On cross-examination, respondent admitted that he had dishonestly led petitioner to believe that he wanted her to return to Illinois to work through marital problems.

Respondent’s father testified that respondent was an active and involved father. He described how respondent changes diapers and feeds B.G. Respondent’s father testified that he and his wife would help raise B.G. if a removal was not granted.

On February 7, 2008, the court entered a judgment of the dissolution of the marriage. The court awarded petitioner custody and granted her permission to remove B.G. to Arizona. Respondent was granted visitation and petitioner was ordered to pay a portion of respondent’s expenses for travel to Arizona for visitation. The court found as follows:

“8. That [petitioner and respondent] have previously entered a mediation agreement that resolves all issues of this marriage, except the issues of removal of [B.G.] to Arizona and visitation.
9. The [petitioner returned to the State of Illinois in April 2007 in the belief that the parties were going to reconcile their marriage when certain events occurred which caused this action to be filed.
10. The [p]etitioner has more realistic employment opportunities in the State of Arizona.
11. The [petitioner’s family resides in Phoenix, Arizona[,] and would be and is able to provide both support and assistance to [petitioner and [B.G.] The [Respondent’s family is not on speaking terms with the [petitioner and have [sic] not previously offered to watch [B.G.] while [petitioner works.
12. The [petitioner has been the primary caregiver for [B.G.] since the time of his birth.
13. The [Respondent has had a dismal employment record and his level of financial support to the child is inadequate for the [petitioner to remain in Illinois.
14. The motives of both parents in this cause are not an issue.
15. Despite the distances involved and the [c]ourt’s preference for more frequent visits with less duration, the visitation schedule proposed by [petitioner is reasonable and realistic even taking into account that [Respondent may not be able to take advantage of all scheduled visits.
16. The [c]ourt has considered the factors set forth in In re Marriage of Eckert, 119 Ill. 2d 316 (1988)[J and any and all relevant evidence in this cause[ ] and finds that it is in the best interest of [B.G.] that [p]etitioner be allowed to remove him from the State of Illinois.”

Respondent appeals.

ANALYSIS

Section 609(a) of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/609(a) (West 2004)), which governs petitions for removal, provides as follows:

“(a) The court may grant leave *** to any party having custody of any minor child or children to remove such child or children from Illinois whenever such approval is in the best interests of such child or children.

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Related

Banister v. Partridge
2013 IL App (4th) 120916 (Appellate Court of Illinois, 2013)
In re Marriage of Kincaid
2012 IL App (3d) 110511 (Appellate Court of Illinois, 2012)
In re Marriage of Dorfman
2011 IL App (3d) 110099 (Appellate Court of Illinois, 2011)
In Re Marriage of Guthrie
915 N.E.2d 43 (Appellate Court of Illinois, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
915 N.E.2d 43, 392 Ill. App. 3d 169, 333 Ill. Dec. 522, 2009 Ill. App. LEXIS 535, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-guthrie-illappct-2009.