Hazelwood v. Hazelwood
| Citation | 20 Ill.App.3d 223,313 N.E.2d 485 |
| Decision Date | 27 June 1974 |
| Docket Number | No. 11751,11751 |
| Parties | Carol V. HAZELWOOD, Plaintiff-Appellant, v. Louis E. HAZELWOOD, Defendant-Appellee. |
| Court | United States Appellate Court of Illinois |
Robert L. Silberstein, Silberstein & Napoli, Peoria, for plaintiff-appellant.
William S. Schildman, Jacksonville, for defendant-appellee.
The plaintiff wife procured a divorce through a decree dated August 1, 1969. It reflects that the parties agreed that in the best interests of the children, aged five and three years respectively, custody should be awarded to the wife. On March 9, 1970, the husband filed a petition for a change of custody from the wife to himself. On August 18, 1970, an order was entered placing the temporary custody of the children in the parents of the wife. This order stated that the parties agreed that such change was for the best interests of the children. After several hearings during September and October, on December 30, 1970, the court entered an order finding that it was in the best interests of the children that custody be changed to the husband. The wife appealed.
The critical issue is whether the finding of the circuit court determining the best interests of the children is contrary to the manifest weight of the evidence. (Maroney v. Maroney, 109 Ill.App.2d 162, 249 N.E.2d 871.) Here, we find that the evidence supports the court's finding. While the manner of presenting the testimony makes it difficult to state a clear chronology and pattern of living, it is clear that after the date of the decree for the divorce the wife has never seriously undertaken to provide a home for the children, or to regularly be a part of a home with them.
The record shows that under the decree for divorce the wife received a modern home in White Hall but thereafter sold it. The testimony shows that she purported to attend college in Jacksonville at the expense of her parents, and there rented two or more homes during the latter part of 1969 and early 1970. Ostensibly, the wife procured a home in Jacksonville so that she might study in the evenings, but it appears that she dropped out of school in early 1970 to avoid being failed completely. She continued, however, to reside in Jacksonville. During the period before and after dropping out of school, there is testimony that her home was the scene of gatherings of people late at night and continuing early into the morning. There is conflicting testimony concerning drinking by minors at these affairs and smoking marijuana. The wife only denies that there was drinking on one occasion when the children were in the home.
So far as can be ascertained, the children substantially lived with the wife's parents, both before and after the order for temporary custody. They resided some 30 miles distant from Jacksonville and plaintiff saw the children only upon visits once a week and occasionally more often. There is no testimony that she took part in the daily care of providing for them.
It appears that after dropping out from the college, the wife worked for a short time at a bar, although she was paid no wages. Thereafter, she went to Peoria choosing to live in a slum area and apparently having some employment. During this time she would see the children at irregular intervals, not more often than once a week.
The wife testified that she had tried to kill herself, that her father and her then attorney persuaded her to enter a hospital for psychiatric care. She called a clinical psychologist who had treated her, as a witness. He testified that she suffered from an emotional anxiety characterized by poor mental judgment and that 'she was functioning at a very hedonistic level'. This was said to mean that her thinking was directed to her own wishes and needs. The psychologist testified to at least three events described in evidence which show that she exercised very poor judgment. Upon one occasion she placed the children with a person hardly known to her who took them on an unauthorized trip and was involved in an automobile accident, although the children avoided injury. He testified to another example of poor judgment in the handling of her money affairs.
The psychological prognosis was guarded in the language 'that if she would follow and continue treatment' until 'we determine that it should be discontinued' he believed 'that the possibility of a recurrence is rather low'.
Two witnesses related to the wife by marriage testified that she had not been observed to help with the daily care of the children and took them to her parents if she wanted to do something. There was, however, testimony by witnesses who saw her from time to time in public...
To continue reading
Request your trial