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eBook details

• Title: In re Marriage of Pease
• Author : Illinois Appellate Court — Second District Affirmed in Part and Reversed in Part
• Release Date : January 20, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

Respondent, Jack Pease, appeals from an order of the circuit court of McHenry County denying his petition for a change of custody, and from an order awarding petitioner, Linda Pease, prospective attorney fees for the defense of an appeal. Three issues are before us on this appeal. (1) Whether the circuit court abused its discretion in finding that the children were not integrated into respondent's family; (2) whether the circuit court abused its discretion in finding that the children's present environment does not seriously endanger their physical, mental, moral or emotional welfare; and (3) whether the circuit court abused its discretion in awarding petitioner prospective attorney fees for the defense of the appeal. We affirm in part, reverse in part. • 1 Petitioner contends that the trial court abused its discretion in denying his petition for a change of custody. Child custody matters are within the sound discretion of the trial court. The trial court is in a better position to observe the witnesses and to determine what is in the best interest of the children. The trial court disposition in such matters will not be interfered with unless it is against the manifest weight of the evidence. (In re Custody of Harne (1979), 77 Ill.2d 414, 422, 396 N.E.2d 499, 503; In re Marriage of Batchelor (1980), 89 Ill. App.3d 781, 412 N.E.2d 49.) The trial court is guided by section 610(b) of the Illinois Marriage and Dissolution of Marriage Act (Marriage Act) (Ill. Rev. Stat. 1979, ch. 40, par. 610(b)), which provides:

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