In Re Marriage of Valter

548 N.E.2d 29, 191 Ill. App. 3d 584, 138 Ill. Dec. 799, 1989 Ill. App. LEXIS 1746
CourtAppellate Court of Illinois
DecidedNovember 21, 1989
Docket5-89-0275
StatusPublished
Cited by8 cases

This text of 548 N.E.2d 29 (In Re Marriage of Valter) 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 Valter, 548 N.E.2d 29, 191 Ill. App. 3d 584, 138 Ill. Dec. 799, 1989 Ill. App. LEXIS 1746 (Ill. Ct. App. 1989).

Opinion

JUSTICE GOLDENHERSH

delivered the opinion of the court:

Respondent, Raymond J. Leroux, appeals the decision of the circuit court of White County granting petitioner, Kathleen Ann Valter, formerly Kathleen Ann Leroux, custody of their son, Scott Leroux. This court affirms.

Petitioner and respondént were married on May 20, 1971. Their only child, Scott, was born on September 2, 1975. On January 8, 1979, the Superior Court of California entered a judgment of dissolution of their marriage. The court-approved marriage settlement awarded petitioner custody of Scott. Four months later, the parties agreed to change custody from petitioner to respondent and entered the appropriate order of modification. At that time, petitioner had moved to Carmi, Illinois.

In August 1985, petitioner filed a petition seeking custody of Scott. Judge Henry Lewis held a hearing on December 19, 1985. At that time, respondent was stationed on the island of Crete with the United States Air Force. Respondent worked eight hours per day, for a total of 40 hours per week. Judge Lewis heard testimony that respondent did not work at night or on weekends and spent that time with his new wife, their two children, and Scott. At the hearing, respondent testified that he almost never arrived home later than 7 p.m. In addition, he testified that while he had a few drinks when bowling, he was legally intoxicated “not very often.” As a result of the 1985 hearing, Judge Lewis entered an order outlining the parties’ stipulated agreement giving respondent custody of Scott and petitioner summer visitation rights.

In September 1986, respondent was reassigned by the Air Force to Aurora, Colorado. For approximately two months, during the move, Scott lived with respondent’s parents in New York. Thereafter, Scott joined his father in Colorado. In April 1987, respondent was divorced from his third wife. He was awarded custody of his two children of that marriage. From April 1987, through June 1988, respondent employed a number of different baby-sitters and housekeepers.

In June 1988, Scott went to Carmi to visit petitioner, which he did each summer, as per the custody agreement. During Scott’s visit, respondent met his fourth wife. Ten days after they met, she and her four children, ages 13, 10, 7 and 4, moved into respondent’s home. On December 30, 1988, respondent married his fourth wife. Scott found out about the change when he telephoned home and was surprised that a strange person answered.

In July 1988, petitioner instituted this action. Judge Keenan held a hearing on the petition on March 14, 1989. Respondent testified that he now works approximately 60 hours per week. He testified that in addition to his work with the Air Force, he works for the Coca-Cola Company on weekends and an occasional evening. In addition to his jobs, respondent is active in church and charity work. Respondent testified that he does not have much time for his family or sleep.

Since the 1985 hearing, respondent has joined Alcoholics Anonymous and regularly attends their meetings. He currently counsels other military personnel who have alcohol problems.

Since moving from Crete, Scott’s school work has slipped. Previously, his work was consistently near “A” level. In Colorado, however, he is performing at “C” level. A school guidance counselor has attributed Scott’s academic slide to parental feuding.

Scott testified that he wishes to live with petitioner. He is afraid of respondent, indicating that respondent “takes his violence out on us kids.”

Friends of Scott and friends of petitioner testified that Scott was quite happy during his summers in Carmi. As the end of each summer approached, however, Scott became physically ill, refused to eat, and began to cry. At one point, he suggested that he may run away.

The circuit court granted petitioner’s request for a change in custody. The court found that a substantial change had occurred in the circumstances of respondent since the last hearing. As a result of those changes, Scott’s circumstances have changed as well. The court believed that the child’s interests would best be served by a change.

The circuit court cited several factors which, taken together, constitute a substantial change. The court listed (1) the move from Crete, (2) respondent’s acknowledged alcohol dependency, and (3) the additional work and great demands on respondent’s time. The factor which the court characterized as “the most significant change of all,” however, was respondent’s divorce from his third wife and remarriage in December 1988. This introduced a new stepmother and four additional children into Scott’s household. In addition, the court noted the social and financial consequences of the additional family members as well as the substantial additional demands on respondent’s time.

Section 610(b) of the Illinois Marriage and Dissolution of Marriage Act (the Act) provides, in pertinent part:

“(b) The court shall not modify a prior custody judgment unless it finds by clear and convincing evidence, upon the basis of facts that have arisen since the prior judgment or that were unknown to the court at the time of entry of the prior judgment, that a change has occurred in the circumstances of the child or his custodian, *** and that the modification is necessary to serve the best interest of the child. *** The court shall state in its decision specific findings of fact in support of its modification *** if either parent opposes the modification or termination.” Ill. Rev. Stat. 1987, ch. 40, par. 610(b).

Custody determinations rest within the sound discretion of the circuit court. There is a legislative presumption in favor of the present custodian and a policy favoring the finality of child custody judgments. “Once the court concludes that a change in custody is necessary, great deference must be accorded that decision, since the trial court is in the best position to judge the credibility of the witnesses and determine the needs of the child.” (In re Custody of Sussenbach (1985), 108 Ill. 2d 489, 498-99, 485 N.E.2d 367, 370-71, citing In re Marriage of Wechselberger (1983), 115 Ill. App. 3d 779, 786, 450 N.E.2d 1385, 1389-90; In re Marriage of Richmond (1988), 171 Ill. App. 3d 506, 507, 525 N.E.2d 1226, 1226-27.) This court must determine whether the trial court’s decision is contrary to the manifest weight of the evidence. We will not review this case de novo, but will only inquire as to whether the trial court abused its discretion. Sussenbach, 108 Ill. 2d 489, 485 N.E.2d 367; Richmond, 171 Ill. App. 3d 506, 525 N.E.2d 1226.

Respondent contends that the circuit court based its decision on “pure speculation and assumptions.” The circuit court, however, met its statutory obligation of detailing specific findings of fact which support its decision.

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Cite This Page — Counsel Stack

Bluebook (online)
548 N.E.2d 29, 191 Ill. App. 3d 584, 138 Ill. Dec. 799, 1989 Ill. App. LEXIS 1746, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-marriage-of-valter-illappct-1989.