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In re Parentage of Rogan M.

Court of Appeals of Illinois, First District, Sixth Division

March 7, 2014

In re PARENTAGE OF ROGAN M. Keisha M., Petitioner-Appellant,
v.
John M., Respondent-Appellee

Appeal from the Circuit Court of Cook County. No. 08 D 79237. Honorable Ellen L. Flannigan, Judge Presiding.

Dismissed.

SYLLABUS

Petitioner's appeal from the denial of her petition to remove her minor son from Illinois to California was dismissed for lack of jurisdiction, since the record showed that after the removal petition was filed, the parties filed several other petitions, including petitioner's requests for a modification of respondent's support obligations, attorney fees and costs, and respondent's petitions for custody and a parenting schedule, and the trial court declined to rule on those petitions until the removal petition was decided; furthermore, since those matters were pending when petitioner filed her notice of appeal, the denial of the removal petition was not a final judgment appealable as of right, and the order was not a " custody judgment" or a " modification of custody" that could be immediately appealed under Supreme Court Rule 304(b)(6).

For APPELLANT: Maricarol Lacy, Nicole M. Onorato, Rinella and Rinella, Ltd., Chicago, Illinois.

For RESPONDENT-APPELLEE: James M. Quigley, Matthew D. Elster, Beermann Pritikin Mirabelli Swerdlove LLP, Chicago, Illinois.

For CHILD REPRESENTATIVE-APPELLEE: Lester L. Barclay, The Barclay Law Group, P.C., Chicago, Illinois.

JUSTICE REYES delivered the judgment of the court, with opinion. Justice Hall and Justice Lampkin concurred in the judgment and opinion.

OPINION

REYES, JUSTICE

Page 244

[¶1] Petitioner Keisha M. appeals the judgment of the trial court denying her petition to remove her minor child from Illinois to California. On appeal, Keisha argues: (1) the trial court applied the improper evidentiary standard; and (2) the trial court's finding that removal was not in the child's best interests was against the manifest weight of the evidence. For the following reasons, we dismiss the appeal for lack of jurisdiction.

[¶2] BACKGROUND

[¶3] Rogan M. was born out of wedlock in 2006 to parents Keisha M. and John M. Following Rogan's birth, Keisha and John lived together with their son until their relationship ended in 2008. At that time, John moved out of their home while Rogan remained living with Keisha. Shortly after the couple's separation, Keisha filed a parentage action, which the parties resolved by agreement on March 26, 2009. Although Keisha and John never reached a formal decision on the issue of custody,[1] they agreed John would make monthly child support payments and provide Keisha with his tax returns and income information on a yearly basis.

[¶4] The record reveals that in the years subsequent to the parties' separation, Keisha and John both maintained an active relationship with their son. The two parents alternated weekends with Rogan and, during the week, John would accompany Rogan to t-ball practice, karate lessons, or dinner. A change ...


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