Martinez v. Tolentino

CourtAppellate Court of Illinois
DecidedJune 10, 2026
Docket1-25-2438
StatusUnpublished

This text of Martinez v. Tolentino (Martinez v. Tolentino) 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
Martinez v. Tolentino, (Ill. Ct. App. 2026).

Opinion

2026 IL App (1st) 252438-U No. 1-25-2438 First Division June 10, 2026

NOTICE: This order was filed under Supreme Court Rule 23 and is not precedent except in the limited circumstances allowed under Rule 23(e)(1). ____________________________________________________________________________

IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ____________________________________________________________________________

JOSE MARTINEZ, ) Appeal from the ) Circuit Court of Petitioner-Appellant, ) Cook County. ) ) v. ) No. 23D579004 ) ) Honorable MATILDA TOLENTINO, ) Bernadette Barrett, ) Regina A. Scannicchio, Respondent-Appellee. ) Marita C. Sullivan, ) Regina A. Mescall, ) Judges, Presiding. ____________________________________________________________________________

JUSTICE COBBS delivered the judgment of the court. Presiding Justice Fitzgerald Smith and Justice Howse concurred in the judgment. ORDER

¶1 Held: This appeal is dismissed for lack of jurisdiction where other matters remain pending in the circuit court that require resolution prior to appellate review.

¶2 This action stems from petitioner-appellant Jose Martinez’s petition for allocation of

parental responsibilities and parenting time as related to his and respondent-appellee Matilda No. 1-25-2438

Tolentino’s minor child. Petitioner appeals from three orders of the circuit court: (1) Judge

Bernadette Barrett’s October 3, 2023, order regarding parenting time and decision-making and

child support, (2) Judge Regina A. Mescall’s October 27, 2025, final judgment entered on the

allocation of parental responsibility and parenting agreement, and (3) Judge Mescall’s November

24, 2025, order reallocating guardian ad litem (GAL) fees. On appeal, petitioner argues that: the

circuit court erred in (1) “[d]eclining to change venue to the Cook County First District Court”

pursuant to Cook County Circuit Court Rule 13.3(c)(ii) (July 21, 2015) despite being on notice as

of August 18, 2023, of the 12D052075 case regarding child support matters; (2) issuing the

October 3, 2023, order and refusing to vacate it “since it was issued without a hearing or proof of

financial hardship that would justify temporary child support needs based order”; and (3) allocating

85% of the GAL fees to him despite petitioner’s objection to the GAL’s appointment and

approving the GAL’s final allocation of parental responsibilities nunc pro tunc to October 27,

2025. For the reasons that follow, we dismiss the appeal for lack of jurisdiction.

¶3 I. BACKGROUND

¶4 Initially, we note that no report of proceedings has been filed with the court. See Ill. S. Ct.

R. 321 (eff. Oct. 1, 2021); Ill. S. Ct. R. 323 (eff. July 1, 2017). The following facts are therefore

gleaned solely from the parties’ filings and the circuit court’s orders contained in the common law

record.

¶5 On January 23, 2023, petitioner filed a petition for allocation of parental responsibilities

and parenting time in the circuit court of Cook County. Therein, regarding his and respondent’s

minor child, petitioner requested that the allocation of significant decision-making for the child be

awarded jointly to both parties and the court hold a hearing to establish paternity. Relevant here,

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the case was given a case number of 23D579004 and was assigned to Calendar 85 in the

Bridgeview Courthouse.

¶6 On March 29, 2023, respondent filed a response to petitioner’s petition, requesting that the

court enter an order declaring petitioner as the father of the child, awarding her sole decision-

making authority for significant decisions affecting the child, and naming her as the child’s

primary residential parent.

¶7 On July 25, 2023, respondent filed a petition for temporary and permanent child support,

contribution to child-related expenses, and other relief. She requested that petitioner pay “above-

guideline statutory child support” to her for their child; petitioner carry the child on his health

insurance available through his employment, procure private health insurance, or contribute to the

cost of the child’s health insurance; and petitioner be ordered to pay expenses for their child not

covered by child support. On the same day, she also filed a petition for temporary and permanent

allocation of parental responsibilities and parenting time.

¶8 On August 21, 2023, petitioner filed a response to respondent’s parental responsibilities

and parenting time petition. One of the exhibits attached to this response was a photograph of a

court order dated December 18, 2013, which dismissed without prejudice case no. 12D052075

because the parties had a private child support agreement. We note that this document does not

contain the judge’s signature, only the parties’ signatures.

¶9 On August 28, 2023, the court entered an order setting a hearing date on the parties’

petitions for October 3, 2023. Prior to that date, the parties were required to submit their financial

affidavits, and respondent was permitted time to reply to petitioner’s response to her petition.

¶ 10 On October 3, 2023, Judge Barrett entered an order providing the following. The court

noted that neither petitioner nor his counsel were present, despite respondent’s phone call to

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petitioner’s counsel prior to the start of the proceeding. The court named respondent the primary

parent, awarded respondent sole decision-making authority on a temporary basis, ordered

petitioner to have parenting time on alternating weekends, identified the location for the parenting

time exchange, ordered petitioner to pay $750 per month to respondent for child support, ordered

the parties to exchange financial affidavits and file proposed parenting plans, and continued the

matter to November 9, 2023.

¶ 11 On October 30, 2023, petitioner filed a motion to reconsider the court’s October 3, 2023,

order. Attached thereto was petitioner’s proposed parenting plan.

¶ 12 On November 9, 2023, the court set the matter for trial on January 24, 2024.

¶ 13 On January 16, 2024, respondent filed an emergency motion for appointment of a GAL, as

well as a motion for a trial continuance and a motion for mediation. On January 19, 2024, petitioner

filed a response. Although no order appointing a GAL appears in the record, an order entered on

February 13, 2025, by Judge Regina A. Scannicchio indicates that Judge Barrett appointed a GAL

on January 22, 2024. The record reflects that the GAL entered his appearance on February 5, 2024.

¶ 14 On April 4, 2024, respondent filed a verified petition for rule to show cause and finding of

indirect civil contempt, alleging that petitioner failed to comply with the October 3, 2023, order as

to child support and owed her $3,300 plus statutory interest for past-due child support. She also

requested that the court find petitioner in indirect civil contempt due to his noncompliance.

¶ 15 On April 11, 2024, the court entered an order containing the following. The order modified

the parenting time schedule, referred the parties to mediation, continued respondent’s petition for

rule to show cause for indirect civil contempt, allowed respondent time to respond to the petition,

converted respondent’s motion to reconsider the October 3, 2023, order to a motion to modify,

-4- No. 1-25-2438

directed the parties to file updated financial affidavits, directed the parties to complete a parenting

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