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09/24/87 In Re Marriage of Mary Elizabeth Tisckos/Stewart

September 24, 1987

IN RE MARRIAGE OF MARY ELIZABETH TISCKOS/STEWART,


APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

Petitioner-Appellee, and MARTIN TISCKOS, JR.,

Respondent-Appellant

514 N.E.2d 523, 161 Ill. App. 3d 302, 112 Ill. Dec. 860

Appeal from the Circuit Court of Sangamon County; the Hon. James P. Fox, Judge, presiding. 1987.IL.1419

APPELLATE Judges:

JUSTICE LUND delivered the opinion of the court. GREEN and KNECHT, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LUND

The parties' marriage was dissolved by judgment order on October 19, 1981. Custody of the parties' daughter, born January 3, 1979, was awarded to the mother, with visitation granted to the father as set forth in the dissolution judgment:

"The Petitioner is awarded the care, custody, control and education of the minor child of the parties, Meggann Elizabeth Tisckos. The Respondent shall have visitation privileges with his daughter every other weekend, commencing with this forthcoming weekend, during the period of 6:00 p.m. on Friday to 8:00 p.m. on Sunday. Respondent in addition shall have visitation privileges on every Tuesday and Thursday evening from the hour of 6:00 p.m. to 8:00 p.m. The Petitioner, however, shall have the minor child of the parties on every Christmas, Easter, Thanksgiving, July 4 and January 3, the birthday of the minor child. The Respondent shall have visitation privilege with the minor child on the day of the eve of Christmas, Easter, Thanksgiving, July 4 and the birthday of the said child. During the Summer months at a time mutually agreed upon by the parties hereto the Respondent shall have a total of four weeks of visitation with his minor child."

In July 1986, the respondent father filed a petition to modify the terms of the dissolution judgment, seeking (1) visitation from 4 p.m. to 8 p.m. on Tuesdays and Thursdays; (2) specification of the four weeks he requested for summer visitation; and (3) a more specific award of alternate holiday visitation.

At hearing on the petition, an issue was raised as to the daughter's attendance at religious services on weekends while in the respondent father's custody. The court entered an order modifying visitation on December 10, 1986, which included a reference to the minor's attendance at religious services during weekend visitation:

"So that the religious education and training of the minor child solely in the Roman Catholic faith shall continue, the [respondent] on his weekend visitation shall deliver the minor child of the parties to the [petitioner] at her home each Sunday by no later than 10:30 a.m. so that the minor child may attend Roman Catholic Church services at the parish church where she attends elementary school. The [respondent] thereafter at the hour of 12:15 p.m. may again obtain the child from the [petitioner's] residence for the completion of that weekend visitation. The [respondent] may, however, during his weekend visitations have the option of transporting the child each Sunday to a Roman Catholic Church to fulfill her Sunday Mass obligation rather than deliver the child to the [petitioner] each Sunday morning for the purpose. So as not to cause confusion in the mind of the said minor child regarding her religious training, the said child shall not attend any religious services other than those approved by the custodial parent, the [petitioner] herein.

During the [respondent's] uninterrupted visitation in the summer months the [respondent] shall transport the minor child each Sunday to a Roman Catholic Church so that the minor child may fulfill her Sunday Mass obligation; within reason."

This portion of the order was the focus of respondent's motion for rehearing, which the court denied after argument on February 24, 1987. This appeal followed.

At the inception of the hearing on respondent father's motion, counsel informed the court (1) the parties had agreed on a specific schedule for alternate holiday visitation; (2) the father's weekend visitation would continue every other weekend from 6 p.m. Friday to 6 p.m. Sunday, and terminating at 8 p.m. on Sundays when the following Monday was not a school day; and (3) weeknight visitation would be on Tuesday and Thursday evenings from 4 p.m. to 6 p.m. on nights preceding school days, and 4 p.m. to 8 p.m. at all other times. The parties remained in disagreement on the hours at which the father's weeks of summer visitation would begin and end because it involved Sundays and the issue of the minor's attendance at church services; and the mother wanted the child back for Catholic church services when the father had weekend visitation. By way of background, both the mother and father were raised in the Catholic religion; they had a Catholic church wedding; and their daughter was baptized in the Catholic church. The mother ...


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