In re Marriage of Jaster

583 N.E.2d 659, 222 Ill. App. 3d 122, 164 Ill. Dec. 743, 1991 Ill. App. LEXIS 2066, 1991 WL 260476
CourtAppellate Court of Illinois
DecidedDecember 11, 1991
DocketNo. 2—91—0229
StatusPublished
Cited by3 cases

This text of 583 N.E.2d 659 (In re Marriage of Jaster) 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 Jaster, 583 N.E.2d 659, 222 Ill. App. 3d 122, 164 Ill. Dec. 743, 1991 Ill. App. LEXIS 2066, 1991 WL 260476 (Ill. Ct. App. 1991).

Opinion

JUSTICE GEIGER

delivered the opinion of the court:

The petitioner mother, Sharon E. Jaster, appeals from the trial court’s orders related to the children born to her and her former husband, the respondent father, Leonard J. Jaster. She argues that the court abused its discretion (1) in refusing her petition to remove the children to Georgia; (2) in refusing to order the father to pay her attorney fees; and (3) in granting the father tax exemptions for the children. We affirm.

The parties were married in November 1978. Their three children were born in 1981, 1983, and 1985. In April 1989, the mother petitioned for dissolution of the marriage. In October 1989 she petitioned for leave to remove the children from Illinois. In December 1989, the dissolution hearing was continued to June 1990.

In January 1990, the mother moved the children to Georgia to accept a teaching job there. The move was without leave of court, and the father sought and received a court order for her return. The father also petitioned for custody of the children. The mother and children returned to Illinois pursuant to court order.

In February 1990, the court heard the mother’s removal petition. The bulk of testimony was received from the parties; the mother’s expert, clinical social worker and social work professor Sarah E. Bonkowski; and the father’s expert, psychologist Robert B. Shapiro. At the conclusion of the hearing, the court denied removal. The mother brought this appeal. She first challenges whether the court’s denial of removal was against the manifest weight of the evidence. A somewhat detailed review of the evidence is relevant to this issue.

Doctor Bonkowski, who had met with the mother and the children but not with the father, opined that “it would be all right” for the children to leave Illinois with their mother. As a basis for her opinion, Dr. Bonkowski referred to the following: (1) that in Georgia the mother had plans for teaching; (2) that it seemed the mother and the children could be together more and under less financial stress in Georgia; (3) that the mother had found good quality day-care at a cost lower than in the Chicago area; (4) that the Georgia move would be to a college town where the mother could pursue a master’s degree; (5) that although the children express affection for and enjoyment of their father, their primary attachment is apparently to the mother and to each other.

Dr. Bonkowski further observed that the children would miss their friends in Illinois. She also observed that the children were not under treatment for serious health problems.

Bonkowski acknowledged the family’s closeness to one local aunt and cousin, the local presence in Illinois of the mother’s parents, brothers, nieces and nephews, and grandmother. She also acknowledged her knowledge of some strained relations between the father and the mother’s relatives. Regarding the evolving family, Bonkowski observed that the mother had expressed both a desire for the children to have a good relationship with the father and willingness for him to have extended visitation during the summer. She concluded that the move would be healthy for the children.

Dr. Shapiro testified that he had been appointed by the court to participate in conciliation meetings with the parties. In that connection, he had had contact both with the parents and with all the children. He had met with family members on approximately eight days and had administered the Minnesota Multiphasic Personality Inventory to the parties. Based on his evaluation, Dr. Shapiro recommended that the children should remain in Illinois, that the mother should have custody, and that there should be liberal visitation with the father.

Dr. Shapiro testified that he based his recommendation on the children’s attachment to the father. He also acknowledged that he was no expert in the matter, but that he also had considered his feeling that the mother could locate employment in Illinois. He did not think that leaving Illinois would better the children in any way.

Dr. Shapiro stated that the parties were vocal about their having a poor relationship. He had observed angry behavior by the mother towards the father. Also, he questioned the value of Dr. Bonkowski’s evaluation because she had not met with the father. He did not know how one could evaluate the critical issue of the attachment between parent and child without talking to each parent and seeing the child interact with each parent.

The mother testified that she is a trained elementary school teacher and that she has no other training. She and the children live in the family’s three-bedroom house in Carol Stream. She testified that around the time she and the father separated, she applied for teaching jobs at 11 public school districts in the west-suburban area near the family home. She also sent letters to individual principals in the two largest and fastest-growing of those districts. Additionally, she had taken some continuing education and graduate courses. She had received no response to her applications.

The mother also had traveled to some smaller Illinois communities a distance away from her home. She found housing costs comparable to her current costs and chose not to apply to those areas or to any other places in Illinois. She also sent employment inquiry letters to 10 major corporations, to At-Home Data Entry, and the military services.

The mother further testified that in August 1989 she began seeking a teaching job in Georgia. She had lived in Georgia until age 12, and she felt strong family connections there; her relatives there include several cousins and two or three aunts and uncles. She testified that she had secured full-time employment as a chapter I reading teacher, earning $20,000 annually. She had plans for the children’s school and day-care in Georgia and had arranged that they would live in a three-bedroom house that her parents had purchased.

The mother acknowledged that it would be better for her and the children to remain in Illinois if she could' obtain a teaching position and if she had sufficient funds to continue to live in the marital residence. However, according to the mother the Georgia move was in the children’s best interest because of its financial and mental consequences for her. She agreed to the father’s frequent visitation with the children and denied that she wanted to move to Georgia to keep the children away from him.

The father testified that his gross income as a police officer was $39,942. He testified to his frequent visitation with the children since the parties separated, and he stated that he preferred to have sole custody of the children. He thought it was in the children’s best interest for him to have that custody. He had inquired about day-care for the children if they remained in the Carol Stream area. Also, he stated that if the court allowed the mother to remove the children to Georgia, he would try to visit the children there once each month.

The court found that the mother was the preferable parent for temporary and permanent custody of the children. Among the mother’s motivations for requesting removal, the court found fear óf a lowered standard of living and social stigma felt by the children, day-care concerns, and desire to shield the children from the parents’ new relationships.

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Cite This Page — Counsel Stack

Bluebook (online)
583 N.E.2d 659, 222 Ill. App. 3d 122, 164 Ill. Dec. 743, 1991 Ill. App. LEXIS 2066, 1991 WL 260476, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-jaster-illappct-1991.