Jan A. Temple v. Wesley E. Temple, 52 Ill. App. 3d 851

Summary

The Illinois Appellate Court affirmed a decree modifying custody arrangements after the mother sought permission to relocate with the parties' children to Venezuela. The court upheld differing custody arrangements for the two children, denial of attorney fees, allocation of transportation expenses, and an order requiring the father to return custody of the younger child to the mother while she was in Illinois.

Holdings

1. The trial court did not abuse its discretion by treating the custody of Justin differently from the custody of Jason or by declining to permit the mother to take Justin to Venezuela. Although siblings generally should not be separated, different custodial arrangements are permissible when the children's best interests require them.
2. The finding that both parents were fit and proper custodians was not contrary to the evidence and would not be disturbed.
3. The trial court properly denied the mother's request for attorney fees because the proceeding was initiated by her proposed change in circumstances and the evidence did not show a disparate financial ability warranting an award.
4. The allocation of transportation expenses and provision for liberal grandparent visitation were within the trial court's discretion and would not be disturbed.
5. The trial court properly ordered the father to return Justin to the mother because no prior order granted the father custody of Justin while the mother was in Illinois.

Questions Presented

1. Whether the trial court abused its discretion by making different custody arrangements for the two children and refusing to permit the mother to take Justin to Venezuela.
2. Whether the trial court erred in finding the mother fit and proper to have custody.
3. Whether the trial court erred in requiring the parties to share transportation expenses and allowing liberal visitation by the grandparents.
4. Whether the trial court erred in denying the mother's request for attorney fees.
5. Whether the trial court properly ordered the father to return Justin to the mother when no order granted the father custody of Justin while the mother was in Illinois.

Disposition

affirmed