Marriage of Bush v. Bush

525 N.E.2d 163, 170 Ill. App. 3d 523, 121 Ill. Dec. 357, 1988 Ill. App. LEXIS 796
CourtAppellate Court of Illinois
DecidedJune 2, 1988
Docket2-87-0925
StatusPublished
Cited by11 cases

This text of 525 N.E.2d 163 (Marriage of Bush v. Bush) 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
Marriage of Bush v. Bush, 525 N.E.2d 163, 170 Ill. App. 3d 523, 121 Ill. Dec. 357, 1988 Ill. App. LEXIS 796 (Ill. Ct. App. 1988).

Opinion

JUSTICE INGLIS

delivered the opinion of the court:

Petitioner, Robert A. Bush, appeals from orders entered on post-judgment petitions granting respondent, Barbara A. Coulson, f/k/a Barbara A. Bush, sole custody of their minor children and allowing Barbara to remove their minor children to another jurisdiction. Robert contends that the court’s decision was against the manifest weight of the evidence. We reverse:

Robert and Barbara were married on February 28, 1981. At that time it was the second marriage for each. Robert had an adopted daughter, Stacey M. Bush, from his previous marriage, and Barbara had one child, Laura J. Bush, from her previous marriage. Robert subsequently adopted Laura, and the parties gave birth to a third child, Adam R. Bush. On December 27, 1984, Robert filed his petition for dissolution of marriage, and judgment was entered on that petition on May 8, 1986. Incorporated within the judgment for dissolution was the parties’ agreement that Barbara would have sole custody, care, and control of their minor children, Laura, then 14, and Adam, then four, conditioned upon her remaining within the Elizabeth, Illinois, school district for a period of not less than one year. That agreement further provided that in the event Barbara should elect to move out of the Elizabeth school district, the issue of custody of the minor children would be allowed to come before the circuit court for a full custody hearing to determine the best interests of the children. Stacey was 19 and emancipated at the time of the dissolution and was not subject to the custody provision.

On December 2, 1986, Barbara initiated the instant action by filing her post-judgment petition to remove Laura and Adam from Illinois to California. Robert filed a motion to strike and dismiss Barbara’s petition to remove and subsequently filed his counterpetition seeking custody of the parties’ minor children. The trial court held a hearing on both petitions on March 27,1987.

The following facts were established at the March 27, 1987, hearing. Robert is an attorney licensed to practice law in Illinois. At the time of their marriage, Barbara was a computer programmer. The parties lived and worked in the Chicago metropolitan area. Sometime in the summer of 1984, the parties moved from Mount Prospect, Illinois, to rural Jo Daviess County. Robert owned property in Elizabeth, Illinois, and the parties frequently travelled to that location. According to Robert, they moved to Elizabeth because they liked the area and “country ethic” and wanted to raise their children there. Although Laura and Adam accompanied their parents, Stacey remained in Mount Prospect to finish school and work.

For the most part, Robert severed his professional practice from the Chicago area; however, he did maintain a relationship with a corporate client demanding a great deal of his time. In December 1984, Robert underwent triple-bypass heart surgery. He was released from the hospital on December 21, 1984, and filed his petition for dissolution of marriage five days later. Robert left the marital home at Barbara’s request the following month. Despite leaving the marital home, Robert maintained his relationship with Laura and Adam.

Pursuant to the subsequently entered judgment of dissolution, Robert was given visitation rights on alternate weekends from Friday night to Monday morning, plus one night per week. In addition, he was given visitation on alternate holidays and two weeks of extended visitation during the summer. For the most part, Robert exercised his weekend visitations, but would generally bring the children home on Sunday nights rather than Monday mornings. He exercised his visitation rights in the middle of the week by occasionally taking the children out to dinner. He also called them on the telephone every other night. Robert stated that if the children were removed to California, he could not afford the costs of transportation to see them and his visitation with the children would be substantially impaired.

With respect to the type of relationship Robert enjoyed with his children, testimony indicates that Robert actively performed many of the responsibilities associated with parenthood, such as transporting the children to appointments and other functions, bathing and reading to Adam, and taking the children on vacations. Robert and Barbara shared disciplinary responsibility and acted together on such things as placing Adam in preschool, making him wear undershirts, and weaning him of his pacifier; however, the record is more supportive of Robert’s assertion that he had the primary role in those activities.

Barbara testified that she had remarried to Thomas Coulson and wished to move to Foster City, California, to be with her new husband as well as to take advantage of the employment opportunities there. Barbara stated that the Foster City community is comparable to Mount Prospect, Illinois. Barbara indicated that she would be willing to pay half the costs of transporting the children to and from Illinois. However, Barbara also stated that she would still go to California if the court would not allow her to take the children.

Thomas Coulson owns a corporation engaged in contracting and plastering. He indicated that he had offered Barbara a $20,000-per-year position as a computer programmer with that company. Barbara’s position would leave her weeknights and weekends to be with the children. Coulson has four children from a previous marriage, and, although his former wife has physical custody of those children, they share legal custody. He stated that he exercises his visitation rights on a frequent basis. At the time of the hearing, Coulson lived in a two-bedroom apartment in Foster City with two stepsons born to his former wife during her previous marriage. During oral argument it was represented that Coulson and Barbara have since had a child together. The Coulsons planned to purchase a four- or five-bedroom house. The record indicates that Coulson has an amicable relationship with Adam and Laura.

Finally, although Laura expressed a preference to go to California with Barbara, and Adam expressed a preference to remain in Elizabeth with Robert, Laura told the trial judge during her in camera interview that she and Adam got along well, subject to some normal sibling jealousy. Laura further stated that she wanted Adam to go with them to California.

Prior to the hearing, the court required Robert, Barbara, Laura, and Adam to submit to a psychological interview by Forest Price, a clinical social worker with the Glenwood Park Evaluation & Treatment Center. Price had conducted similar interviews of the parties prior to the dissolution of marriage. In his subsequent evaluation, Price concluded:

“There is no easy decision in this case at all. Likewise, there are no known indicators to tell us whether or not Adam would suffer any serious psychological problems if he were separated from his mother at this early age in order to grant him his wishes either. We do know from studies and case examples of damaged children who were early separated from their primary nurturing source.
*** At this point the scales seem to lean more towards the children being permitted to go to California with their mother. That Laura would go where ever her mother moves is more easily understood and acceptable.

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Cite This Page — Counsel Stack

Bluebook (online)
525 N.E.2d 163, 170 Ill. App. 3d 523, 121 Ill. Dec. 357, 1988 Ill. App. LEXIS 796, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marriage-of-bush-v-bush-illappct-1988.