In Re Marriage of Mangan

537 N.E.2d 960, 182 Ill. App. 3d 140, 130 Ill. Dec. 631, 1989 Ill. App. LEXIS 451
CourtAppellate Court of Illinois
DecidedApril 10, 1989
Docket1-88-0560
StatusPublished
Cited by1 cases

This text of 537 N.E.2d 960 (In Re Marriage of Mangan) 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 Mangan, 537 N.E.2d 960, 182 Ill. App. 3d 140, 130 Ill. Dec. 631, 1989 Ill. App. LEXIS 451 (Ill. Ct. App. 1989).

Opinion

JUSTICE O’CONNOR

delivered the opinion of the court:

This is an appeal from an order granting custody of the parties’ minor son, George, Jr., to his father, George Mangan, Sr. We affirm.

Petitioner Maryanne Mangan (Maryanne) filed a petition for dissolution of marriage on September 25, 1984. Maryanne was granted temporary custody of the minor child, George Jr., pursuant to an agreed order on November 26, 1984. On January 29, 1987, George Mangan (George) filed a counterpetition for dissolution at which time he asked to be awarded custody of George Jr.

At the time of trial on the custody issue, George Jr. was 5xlz years old and had lived with his mother since birth. Although there was testimony establishing that George Jr. was doing well in a kindergarten program in his Lincoln Park neighborhood and was healthy and well cared for, there was substantial testimony indicating that he suffered from neurotic emotional illness. Testimony introduced by the mother focused on the fact that George Jr. had been diagnosed as having moderate asthma, is chronically ill and should not be separated from his mother because separation could cause anxiety attacks that in turn could cause critical asthma attacks. Dr. Bussell, the psychiatrist appointed by the court from a list tendered by Maryanne, testified that the child suffered from a neurotic disorder and has a great deal of pent-up anger and rage which he characterized as abnormal.

Testimony regarding the severity of George Jr.’s asthma was substantially conflicting. Maryanne testified that the child had to be hospitalized twice during the time she was caring for him. She conceded, however, that only one incident involved an asthma attack. In addition, although Maryanne took George Jr. to the hospital emergency room 20 to 30 times, George testified that he had never needed to do so during all the time he had his son for visitation. Testimony also showed that George Jr. never exhibited symptoms of asthma while in the presence of his own psychiatrist (Dr. Ner Littner), Maryanne’s neighbor, Dr. Bussell, Maryanne’s sister or George’s family and friends.

There was also varying testimony with regard to the cause of George Jr.’s asthma. Dr. Littner, George Jr.’s psychiatrist, who was selected by Maryanne and testified on her behalf, stated that the asthma was triggered by emotional causes. Another of the child’s doctors, Dr. Randall, testified that environmental factors were the primary cause and that the severity would depend upon the time of year. Dr. Randall also testified that George Jr. could lead a relatively normal life so long as he received medication on a timely basis. Dr. Randall expressed the opinion that any reliable caretaker could learn how to manage the boy’s illness and to give the appropriate injections and medications.

There was also testimony from both parents regarding the child’s medication. George testified that Maryanne constantly changed the medications as well as their frequency and dosages. He also testified that the written instructions she gave him were often inconsistent with instructions from George Jr.’s physicians which necessitated contact with the doctors to verify the correct dosages of medication.

Maryanne alleged that George was an alcoholic and an unfit father as a consequence. No medical evidence or expert-testimony, however, was presented in this regard. Of the two incidents involving George being stopped for allegedly driving under the influence of alcohol, one occurred prior to the marriage when he was 19 years old and the other involved a ticket he received for improper lane usage six years prior to the trial. George testified that he did not drink on weekends when he had visitation with his son. He also testified that he has never been convicted of driving under the influence or had his license suspended or revoked. Testimony regarding George’s drinking habits was also presented by George’s friend, Thomas Scanlon. Scanlon’s testimony indicated that George drank beer after softball games but that there were only 10 games each summer and George did not drink after every game. Two other witnesses testifying on George’s behalf testified that they had an occasional drink with George after work. Based on the testimony regarding George’s prior drinking habits, the trial court found him to be an alcoholic but also found that he had rehabilitated himself and that alcohol had not interfered with his parenting skills or the time spent with his child.

A substantial amount of testimony was presented regarding George’s capabilities as a parent, including that of Thomas and Sally Scanlon, George’s sister, Maryanne’s father and Dr. Bussell, all of whom testified that George was a good parent who was very attentive to his son’s medical needs. Dr. Bussell, who as previously stated was chosen to assess the parties under the direction of the court, testified that George would be the better custodial parent.

Testimony on Maryanne’s behalf was presented by Dr. Littner and Dr. Arnold, Maryanne’s psychiatrist of three years, both of whom testified that Maryanne was handling George Jr. appropriately. Dr. Littner testified that although Maryanne did “overshelter” George Jr., oversheltering an asthmatic child was typical. He also testified, however, that he had never seen Maryanne as a patient, had never given her psychological tests and had seen her only once with the child. On cross-examination, Dr. Arnold stated that he had only observed Maryanne and George Jr. during 15-minute breaks between therapy sessions with Maryanne in his office and that he was unable to render an opinion as to who would be a better parent. Maryanne presented additional supportive testimony from an acquaintance who had observed her interaction with the child at a local park and a teacher from his school, who stated that his behavior was appropriate to his age.

Following the presentation of all of the evidence, the trial court found that it was in the best interest of the child that custody be granted to the father. Maryanne Mangan now brings this appeal.

Maryanne’s claim is that the trial court’s decision to award custody of the minor child to the father was against the manifest weight of the evidence. She states that Dr. Bussell’s testimony was that the child’s pent-up anger was “reported to him” by the mother not, as the trial court stated, that the boy “had anger and confusion” due to his interaction with his mother. Further, she contends that the trial court abused its discretion by relying on Dr. Bussell’s report, which she characterizes as inaccurate and incomplete. She contends that although he claimed she exhibited symptoms of “histrionic personality disorder,” he later admitted that she did not have such a disorder. She argues that Dr. Bussell’s opinion that she was infantizing and smothering the child was inaccurate and that it was based on the fact that he did not understand the severity of George Jr.’s asthma. Maryanne also challenges Dr. Bussell’s assertion that her overmothering was manifested in George Jr. missing 90% of his scheduled school days due to being ill. She contends that this was erroneous and that evidence adduced at trial showed that he missed only 8 of 58 possible school days. Maryanne maintains that while evidence shows that she was a careful parent, Dr. Bussell failed to investigate evidence that George was an alcoholic.

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Related

In Re Marriage of Radae
567 N.E.2d 760 (Appellate Court of Illinois, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
537 N.E.2d 960, 182 Ill. App. 3d 140, 130 Ill. Dec. 631, 1989 Ill. App. LEXIS 451, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-mangan-illappct-1989.