In Re Marriage of Shelton

576 N.E.2d 862, 217 Ill. App. 3d 26, 159 Ill. Dec. 939, 1991 Ill. App. LEXIS 713
CourtAppellate Court of Illinois
DecidedMay 2, 1991
Docket5-90-0462
StatusPublished
Cited by5 cases

This text of 576 N.E.2d 862 (In Re Marriage of Shelton) 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 Shelton, 576 N.E.2d 862, 217 Ill. App. 3d 26, 159 Ill. Dec. 939, 1991 Ill. App. LEXIS 713 (Ill. Ct. App. 1991).

Opinions

JUSTICE LEWIS

delivered the opinion of the court:

Lori Shelton (now Newton) (petitioner), the custodial parent, filed a petition to remove her minor children, Ryan and Kyle, aged 13 and 11 at the time of the hearing, with the circuit court on May 9, 1990. The circuit court granted the petitioner’s removal petition. Subsequently, Dale Shelton (respondent) filed a motion to stay enforcement of the judgment, which was denied, and respondent filed his appeal of the court’s order granting removal.

At the hearing on the petition for removal on June 5, 1990, the petitioner testified that she and the respondent were divorced in August 1985. After the divorce, she and the two children lived in an apartment in Brighton, Illinois, for eight or nine months. Because she was financially unable to live on her own, she and the children moved in with her parents. When she moved, the petitioner notified the respondent. She and the children lived with her parents from April 1986 until August 1989. During that time, she went to school and finished a teaching degree in 1988. After the petitioner had moved from her parents’ home, her children still saw her parents almost daily.

In August 1989, the petitioner purchased a home in Wood River, Illinois, through the Federal Housing Authority by putting $1,000 down and paying mortgage payments of $418 per month. The house in Wood River had three bedrooms, so each of the children had his own room. The house was four blocks from the school the children attended, and they walked to school each day. According to the petitioner, there were no other children in the neighborhood where they lived. At present, the petitioner has put her house up for sale. The petitioner explained that she had planned on moving from this house even before the planned move to Florida, as she had been informed that her neighbor was in jail for molesting children.

In January 1990, the petitioner remarried. At the time of her marriage, her husband, David Newton, was unemployed. Her husband’s skills for employment were as a certified electrician and plumber and he also worked in heating and air conditioning. After their marriage, the petitioner’s husband looked for work from St. Louis, Missouri, to Springfield, Illinois. Because her husband had injured his lower back in February 1989, he looked for an office-type job. Her husband was unsuccessful in finding a job in the area, but he succeeded in finding a job in Naples, Florida, as an ABC estimator for Boren, Craig and Barber.

At the beginning of her marriage to Newton, the petitioner supported the family. She worked as an elementary school teacher for the St. Louis public school system where she earned $17,000 per year. The petitioner testified that she had resigned from her job in May 1990, and she was currently unemployed. Her reasons for quitting her employment were that she was going to move to Florida; that the area where she was teaching was bad in that there was a “crack house” across the street from the school and when “they” got “high,” “they decided to take a shotgun to the school on several occasions”; and that the school district was preparing to close her school and to lay off teachers. She explained that even if she were not moving to Florida, she would have resigned from her job. She stated that she had planned on substitute teaching in area schools until she found a job. The petitioner testified that she had had applications for full-time teaching positions in the area schools ever since she had graduated from school. When asked what she would do if she were not granted permission to remove the children to Florida, the petitioner stated that she would have to find a job at “Wal-mart” or something of that nature.

The petitioner further testified that she and her husband had gone to Florida in April 1990. At that time, the petitioner and her husband rented a three-bedroom home on a month-to-month basis in Cape Coral, Florida, for $600 per month, and thus, each of her children still had his own bedroom. This home was six blocks from the school which her children would attend. To get to the school, her children would have to ride their bicycles to the end of the block and then catch the school bus. The school was in a nice area and was new. There were other children living in the neighborhood where they were to live. While she and her husband were in Florida, the petitioner applied for work at schools in the Cape Coral-Ft. Myers area. The petitioner had applied previously for teaching jobs in Florida in 1988 when she had graduated from college. She was aware that two new schools were being built in Naples, and that the schools would be hiring teachers; however, she had not yet applied for employment there. When she had investigated possible teaching jobs in April, she found out that the starting salary for teachers was $24,000 per year.

The petitioner admitted that in the summer of 1989, she took the children to Minnesota for eight weeks. She told the respondent she was going to do this. She further admitted that the respondent did not like her taking the children to Minnesota, but that he agreed that the children could go.

The petitioner also testified that she currently drove a 1986 Dodge Aries. Her husband drove a 1989 Ford truck which was purchased in April 1990.

The petitioner stated that the respondent’s payment of child support was sometimes irregular. According to the petitioner, the respondent’s right to visitation was every other weekend from 6 p.m. on Friday to 6 p.m. on Sunday, and that the respondent regularly exercised his visitation rights. The petitioner was aware that approximately one of the respondent’s weekends per month, her sons spent the weekend at the respondent’s parents’ farm. In the summer, her children’s visits at the respondent’s parents’ home were more frequent. She believed that her sons had a good relationship with the respondent’s parents as well as with her own parents.

The respondent testified that he was currently employed as a site superintendent for Mega Homes. His wife, to whom he had been married for two years, worked as a physical therapy assistant. He stated that he tries to see his children as much as possible, and that he has a good relationship with his sons. He also stated that he paid $300-per-month child support.

The respondent admitted that from December through February, his parents would pick his children up for visitation as he refereed basketball on Friday nights. He would then pick his children up on Saturday morning. He also stated that many times during the summer his parents would pick his children up and take them to their farm to stay for the weekend. His parents’ farm was a two-bedroom home, and his parents also had a meat-processing plant on the premises. His brother, who has four children, sold seed goods on his parents’ property. His brother’s children often stayed with his sons at his parents’ farm.

When questioned about his activities with his children, the respondent answered that he takes them to ball games and he plays catch with them, but that his philosophy was that he was not an entertainer. The respondent stated that he tries to treat his children as though they were there all the time. He said that the children “help me mow the yard, clean trucks up. For Mom and Dad we do chores.”

The respondent attempted to show that the petitioner tried to frustrate his visitation rights.

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In Re Marriage of Shelton
576 N.E.2d 862 (Appellate Court of Illinois, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
576 N.E.2d 862, 217 Ill. App. 3d 26, 159 Ill. Dec. 939, 1991 Ill. App. LEXIS 713, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-shelton-illappct-1991.