2015 IL App (3d) 150553
Ill. App. Ct.2015Background
- Married in 1995; lived in Aurora, moved to Kankakee in 2012 after separation.
- Z.Y. was seven when parents separated; custody dispute ensued.
- Petition for dissolution filed April 2013; Carmalita initially awarded temporary custody with Burtrann visiting.
- GAL appointed; report filed under seal; Z.Y. expressed preference to live with father.
- Trial court in Feb. 2015 awarded joint custody with Burtrann as residential custodian; Carmalita appealed.
- GAL and court noted Carmalita’s excluding conduct and need for both parents’ involvement; judgment filed April 2015; appeal followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court properly awarded Burtrann residential custody | Young argues for stability and continuity; too much weight on Zachariah’s preference. | Young contends Burtrann’s involvement and Carmalita’s exclusionary conduct justify Burtrann as residential custodian. | No abuse of discretion; award affirmed. |
Key Cases Cited
- In re Marriage of Spent, 342 Ill. App. 3d 643 (Ill. App. 3d 2003) (mother’s conduct hindering child’s relationship supported custody transfer)
- In re A.S., 394 Ill. App. 3d 204 (Ill. App. 2009) (father’s disrespect and unilateral changes supported custody outcome)
- In re Marriage of Debra N., 2013 IL App (1st) 122145 (Ill. App. 1st 2013) (mother’s conduct to thwart father’s relationship proper factor)
- In re Marriage of Lonvick, 2013 IL App (2d) 120865 (Ill. App. 2d 2013) (best interests factors govern custody; credibility and weight of factors)
- In re Ricketts, 329 Ill. App. 3d 173 (Ill. App. 3d 2002) (trial court’s custodial determinations reviewed for manifest weight)