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04/06/89 In Re Marriage of Randy Gustafson

April 6, 1989

IN RE MARRIAGE OF RANDY GUSTAFSON, PETITIONER-APPELLEE, AND


APPELLATE COURT OF ILLINOIS, FOURTH DISTRICT

PAULA GUSTAFSON, Respondent (Charles Robert Stone et

al., Intervenors-Appellants)

536 N.E.2d 1359, 181 Ill. App. 3d 472, 130 Ill. Dec. 148 1989.IL.484

Appeal from the Circuit Court of Ford County; the Hon. William M. Roberts, Judge, presiding.

APPELLATE Judges:

JUSTICE LUND delivered the opinion of the court. SPITZ, J., concurs. JUSTICE GREEN, specially Concurring.

DECISION OF THE COURT DELIVERED BY THE HONORABLE JUDGE LUND

The circuit court of Ford County denied the petition of Charles Robert Stone and Mildred Helen Stone for intervention and custody, under the authority of section 601(b)(2) of the Illinois Marriage and Dissolution of Marriage Act (Act) (Ill. Rev. Stat. 1987, ch. 40, par. 601(b)(2)), in a custody modification proceeding, wherein petitioner Randy Gustafson, former son-in-law of the Stones, was seeking custody of his daughters, Shannon Michelle Gustafson and Sarah Lindsey Gustafson, from respondent Paula Gustafson, his former wife. The Stones appeal.

This is a case of first impression. Section 601 of the Act provides, and has provided since the October 31, 1977, effective date of the Act, as follows:

"Jurisdiction -- Commencement of Proceeding. (a) A court of this State competent to decide child custody matters has jurisdiction to make a child custody determination in original or modification proceedings as provided in Section 4 of the Uniform Child Custody Jurisdiction Act as adopted by this State.

(b) A child custody proceeding is commenced in the court:

(1) by a parent, by filing a petition:

(i) for dissolution of marriage or legal separation or declaration of invalidity of marriage; or

(ii) for custody of the child, in the county in which he is permanently resident or found; or

(2) by a person other than a parent, by filing a petition for custody of the child in the county in which he is permanently resident or found, but only if he is not in ...


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