Marriage Slavish v. Slavish (In re Re)
| Decision Date | 28 October 2015 |
| Docket Number | NO. 4-15-0427,4-15-0427 |
| Parties | In re: MARRIAGE OF KRISTA L. SLAVISH, n/k/a KRISTA L. GRAY, Petitioner-Appellant, and KYLE N. SLAVISH, Respondent-Appellee. |
| Court | United States Appellate Court of Illinois |
NOTICE
This order was filed under Supreme Court Rule 23 and may not be cited as precedent by any party except in the limited circumstances allowed under Rule 23(e)(1).
Appeal from Circuit Court of McLean County
Honorable Charles G. Reynard, Judge Presiding.
¶ 1 Held: The trial court's denial of the petition to remove the parties' minor children from Illinois to Florida was against the manifest weight of the evidence.
¶ 2 In June 2014, petitioner, Krista L. Slavish, n/k/a Krista L. Gray (Krista), filed a petition for leave to remove her two minor children, born to her and her former husband, respondent, Kyle N. Slavish, from Illinois to Florida.
¶ 3 Krista appeals the trial court's denial of her removal petition, arguing the court's judgment removal was not in the minors' best interests was against the manifest weight of the evidence. We reverse and remand with directions.
¶ 5 As the parties are familiar with the facts, we recite them here only as necessary for the resolution of the issues raised on appeal.
¶ 6 On August 19, 2006, Krista and Kyle were married. During the marriage, the parties had two boys, M.S. (born March 18, 2008) and G.S. (born April 16, 2009).
¶ 7 On April 27, 2012, the parties' marriage was dissolved by the entry of a judgment for dissolution of marriage. That judgment incorporated a joint-parenting agreement designating Krista as the minors' primary residential custodian.
¶ 8 Following the entry of the divorce decree, Krista moved with the children to Hudson, Illinois, and M.S. began attending kindergarten at Hudson Elementary School. At the time, Krista worked for Country Insurance, earning $63,000 annually.
¶ 9 In May 2013, Krista began dating William Mohl. Mohl has a son, H.M. In December 2013, Krista and Mohl began discussing marriage. In March 2014, Krista and the children moved into Mohl's home in Bloomington, Illinois. Mohl proposed to Krista on May 7, 2014. Their anticipated wedding date is November 28, 2015, in Florida.
¶ 10 Prior to June 2014, Mohl worked as an assistant baseball coach at Illinois State University (ISU) making $55,000 annually. In the spring of 2014, Mark Kingston, the then head baseball coach for ISU, interviewed for the head coaching position at the University of South Florida (USF). Kingston accepted the position. Mohl had worked with Kingston since 2001. Kingston offered Mohl a coaching job with him at USF. Mohl accepted the position and moved to Odessa, Florida, on June 9, 2014. Mohl earns $70,000 annually at USF.
¶ 11 On June 12, 2014, Krista filed a petition for leave to remove M.S. and G.S. from Illinois to Florida.
¶ 12 On July 9, 2014, Kyle filed a counterpetition to modify custody, requesting he be awarded sole custody of the children.
¶ 13 Krista applied for a number of positions in Florida. She eventually accepted a position with Apollo Retail Specialists earning $60,000 annually. On August 10, 2014, Krista moved to Odessa, Florida.
¶ 14 On August 12, 2014, the trial court entered an agreed order designating Kyle the temporary primary residential parent. As stated in the order, placement with Kyle was to be without prejudice, i.e., it was not to be used against Krista. Kyle resides in Normal, Illinois, in a home he purchased in 2013. He is employed as an actuary by State Farm with an adjusted gross income in 2013 of $132,961. M.S. and G.S. attend Fairview Elementary School in Normal.
¶ 15 At the hearing on the removal petition, Krista testified she was the boys' primary caregiver. She was responsible for getting the boys to and from school as well as taking them to doctor visits. As a result of her new job, Krista now has an opportunity to work from home without using her personal time if one of the boys is sick. In her old position, she was never allowed to be gone. While she could work from home, she would still have had to use a vacation day to do so. Her new employer also allows her to leave work to attend school activities. Krista testified everyone in her department has young children. As a result, they are very understanding about scheduling issues that can come up involving kids. Krista also testified it was difficult to get a raise at her prior job. Unlike her Illinois job, her position in Florida affords her an opportunity for advancement. In Illinois, she was unable to advance because she lacked a certified public accountant certification. However, she hopes to be promoted to the position of controller in her new job when the current controller is promoted out of that position. WhileKrista's salary was reduced by $3,000 as a result of the move, she believed a controller makes approximately $75,000 annually.
¶ 16 According to Krista's testimony, the home they were renting in Florida was in a very new, upscale, and safe community with soccer fields and playgrounds strictly for use by the children in the neighborhood. She characterized the neighborhood as very "kid-friendly" and noted there were several other children in the area within the same age bracket as G.S. and M.S. Krista testified her support system in Florida consists of the wives of the other coaches. Krista also testified the children would have the chance to attend better schools in Florida than in Illinois. According to Krista, the Odessa school had a more favorable teacher-to-student ratio and the standardized test scores were higher than at the school the boys currently attend. On cross-examination, however, Krista admitted not having visited the school in Odessa or speaking with any teachers or administrators. Instead, Krista based her opinion on information she obtained from the Internet.
¶ 17 M.S.'s teacher, Julie Duff, testified he got along with his classmates, did not display any emotional issues, and was making good academic progress in school. She testified she has observed a bond between M.S. and Kyle, noting M.S. is always very excited to see Kyle and goes up and hugs him. Duff also testified M.S. has not expressed any sadness about missing Krista or about her being gone.
¶ 18 G.S.'s teacher, Michelle Schaber, testified he was excelling academically, was very respectful, and did not display any behavioral issues. G.S. is "always eager to learn and do what's right in class." Schaber testified she had no reservations about G.S.'s home life with his father. However, Schaber testified on November 17, 2014, she observed a welt under G.S.'s eye.
When she talked to G.S. about it, G.S. told her M.S. hit him when they had been playing rough and Mohl showed him how to make a fist. Schaber explained because she is a mandated reporter, she notified the Department of Children Services (DCFS) about the incident.
¶ 19 Mohl testified the coaching position in Florida was a better opportunity for him than if he were to remain in Illinois. Mohl has a son, H.M., who was three years old at the time of the hearing. Mohl explained H.M's. mother had passed away. Mohl testified H.M. considers Krista's children to be his brothers. According to Mohl, H.M., M.S., and G.S. would have more opportunities available to them as a result of his employment with USF. Mohl disputed he encouraged G.S. to fight.
¶ 20 Kyle testified up until the August 2014 agreed custody order, Krista was the residential parent of G.S. and M.S. When he took over full-time care of the children, Kyle was concerned about how the change would affect the boys. Kyle testified he "stepped up his game" and started to get more actively involved in their lives. He started reading books about being a single father. He also tried to enroll the boys in therapy but was unsuccessful. Kyle testified he eats at the table with the boys at supper time. He also helps them with their homework. Almost all of Kyle's family lives in the Midwest. He considers his family to be G.S.'s and M.S.'s support system. However, neither the boys' paternal nor their maternal grandparents live in the Bloomington area.
¶ 21 Joseph Foley, the minors' guardian ad litem (GAL) for the proceedings, recommended the trial court grant Krista's removal petition. According to the GAL's testimony, the children expressed how much they missed Krista each time he visited with them without any prompting. The GAL testified he considered the DCFS report but did not afford it any weightand did not find it relevant. The GAL thought the issue was a "red herring," that the boys loved each other and got along well, and if anything, G.S. was advised on how to stand up for himself. After talking with everyone involved, the GAL determined the report was a nonissue. The GAL believed if removal were granted, Krista would do a better job making sure the boys maintain a continued relationship with Kyle than Kyle would do regarding Krista if removal were denied. The GAL opined it would be in the best interests of the children if removal were granted.
¶ 22 According to Krista's proposed visitation schedule, Kyle would have the boys for eight weeks in the summer. In addition, they would spend spring break as well as the Thanksgiving holiday with Kyle. Krista proposed the winter break would be divided between the parties. Father's Day and Mother's Day would be spent with Kyle and Krista respectively.
¶ 23 During closing argument, Kyle's counsel argued, inter alia, the importance of the DCFS report with regard to the fact Mohl was going to be the children's stepfather. While counsel clarified she was not asking the court to make a finding of abuse, she wanted the court to consider the incident in the context of removal. Counsel also emphasized the fact the children would have no extended family in Florida to assist when Krista needs help. According...
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