Shinall v. Carter
964 N.E.2d 619
Ill. App. Ct.2012Background
- Ava Shinall-Carter, born Sept. 26, 2008, is the child of Jessica Shinall and Jeremy Carter, who were never married and separated in Oct. 2009.
- Jessica filed paternity in Jan. 2010; paternity acknowledged; custody, support, and visitation were addressed in proceedings beginning 2010.
- Jessica sought leave to remove Ava from Illinois to Colorado in June 2010 due to engagement and marriage to Nate Johnson, who resided in Colorado; hearings spanned Oct. 2010–Feb. 2011.
- Jessica had sole custody of her older child Cesar from a prior marriage; Jeremy is a Navy veteran and employee of Caterpillar with substantial income; he sought joint or sole custody and opposed removal.
- The trial court denied joint custody, awarded Jessica sole custody, and granted Jessica’s removal petition to move Ava to Colorado; on appeal, removal was reversed and remanded for visitation reconsideration.
- Nate Johnson resided in Colorado; Ava had limited travel history to Colorado prior to removal; the court proposed a schedule balancing eight weeks of summer visitation and additional periods, with future changes after Ava began kindergarten.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether joint custody should have been awarded | Carter argues they can cooperate and jointly manage Ava's upbringing. | Shinall contends lack of substantial cooperation and friction justify sole custody. | Denial of joint custody upheld; not against manifest weight. |
| Whether Jessica should have sole custody | Carter contends joint or shared custody better serves Ava. | Shinall contends sole custody to her is best for Ava. | Sole custody to Shinall affirmed. |
| Whether removal to Colorado was in Ava's best interests | Removal would disrupt Ava’s relationship with Carter; not proven to be in best interests. | Removal would enhance Ava’s life by ensuring stability with Shinall and Nate. | Removal reversed and remanded for new visitation considerations. |
Key Cases Cited
- In re Marriage of Seitzinger, 333 Ill.App.3d 103 (Ill. App. 3d 2002) (strong presumption favoring trial court finding in custody; abuse of discretion standard)
- Eckert v. Eckert, 119 Ill.2d 316 (1988) (best interests require case-by-case analysis and Eckert factors for removal)
- In re Marriage of Drummond, 156 Ill.App.3d 672 (Ill. App. 3d 1987) (joint custody requires willingness to cooperate; high cooperative standard)
- In re Marriage of Hacker, 239 Ill.App.3d 658 (Ill. App. 3d 1992) (joint custody affirmed where both parents reasonably involved despite conflict)
- In re Marriage of Hefer, 282 Ill.App.3d 73 (Ill. App. 3d 1996) (consideration of willingness to facilitate relationship between parents)