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11/15/88 In Re Marriage of Keith Rex Ingram

November 15, 1988

IN RE MARRIAGE OF KEITH REX INGRAM, PETITIONER-APPELLEE,


APPELLATE COURT OF ILLINOIS, FIFTH DISTRICT

and SANDRA LYNN INGRAM, Respondent-Appellant

531 N.E.2d 97, 176 Ill. App. 3d 413, 125 Ill. Dec. 918 1988.IL.1653

Appeal from the Circuit Court of Effingham County; the Hon. E. C. Eberspacher, Judge, presiding.

APPELLATE Judges:

JUSTICE LEWIS delivered the opinion of the court. WELCH and CALVO, JJ., concur.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LEWIS

Petitioner, Keith Ingram, filed for dissolution of marriage and custody of the parties' minor child on December 17, 1985, alleging, inter alia, that respondent, Sandra Ingram, had been guilty of adultery during the marriage, that she had left the marital residence, and that she was employed and well able to furnish support for petitioner and the one minor child still living with petitioner. Petitioner requested dissolution of the marriage, a determination of the respective property rights of the parties, custody of the minor child, maintenance for himself, support for the minor child, and payment of attorney fees and costs.

Additionally, petitioner filed a separate motion for temporary custody and a supporting affidavit in which he stated that the one minor child born during the marriage, Jarred Ingram, had resided with petitioner since the child's birth and continued to reside with petitioner after December 2, 1985, the date upon which respondent left the marital residence. Petitioner further stated that he had been informed and believed that respondent planned to take Jarred and move from the Edgewood, Illinois, area and that she had enrolled Jarred in a school in Tolono, Illinois. Petitioner concluded that the best interests of Jarred would be served if his custody were to be awarded to petitioner. He noted that Jarred was enrolled in school in Mason, Illinois, that his friends and schoolmates resided in the area, and that the respondent maintained an open conjugal relationship with another man and had exposed Jarred to that relationship. Petitioner stated that he had provided the primary care to Jarred during the marriage.

On January 7, 1986, the circuit court entered an order awarding temporary custody of Jarred to petitioner during the pendency of divorce proceedings. Respondent was awarded visitation on weekends.

Respondent, on January 28, 1986, filed a response to the petition for dissolution and a counterclaim wherein she charged petitioner with acts of extreme and repeated mental cruelty. She acknowledged that Jarred was born during the marriage, on September 4, 1979, and stated that she was a fit and proper person to have sole custody of Jarred. She claimed that she had insufficient income and assets with which to support herself and Jarred and alleged that petitioner had sufficient income with which to contribute to her support and that of Jarred. Respondent requested a judgment of dissolution of marriage, sole custody of Jarred, maintenance, child support, an assignment of her non-marital property to her, and an apportionment of marital property and obligations.

Petitioner filed a response to respondent's counterclaim on February 18, 1986. On April 10, 1986, he filed a motion for an order of protection in which he alleged that respondent and a male friend had physically and verbally abused and threatened him in the presence of Jarred. According to petitioner, respondent told him to drop the "custody thing" or he would never see Jarred again. Petitioner requested that respondent and her agents be ordered to refrain from striking, threatening or harassing petitioner, or interfering with the personal liberty of petitioner and Jarred. Further, petitioner requested that respondent be prohibited from removing the child from the jurisdiction or concealing him from petitioner. Finally, petitioner sought payment of court costs and his attorney fees.

The circuit court entered an interim order of protection on April 11, 1986, ordering the parties to refrain from striking, threatening or harassing each other, or interfering with the personal liberty of each other or Jarred. The parties were also prohibited from removing Jarred from the jurisdiction or concealing him from each other.

On April 23, 1986, respondent filed a response to petitioner's motion for an order of protection, in which she denied abusing or threatening petitioner and prayed for a denial of petitioner's motion and payment of her attorney fees occasioned by the motion.

A judgment of dissolution of marriage was entered on May 12, 1986, in which the circuit court found that respondent had, without cause or provocation on the part of the petitioner, been guilty of extreme and repeated mental cruelty. The court reserved all remaining issues for Disposition at a future date and continued the temporary custody order of January 7, 1986. The court ordered the Department of Children and ...


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