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Jacqueline's domestic arrangements are known to her neighbors and their Adult want sex Arthur Iowa 51431 testimony at the hearing indicated that Wayne Hammon played with the Jarrett children and their friends at the Jarrett home and also engaged in other activities with them. If the Jarrett children remained in that situation, they might well be compelled to try to explain Hammon's presence to their friends and, perhaps, to endure their taunts and jibes.Housewives Seeking Sex Morven Georgia
IllinoisU. In Stanley the Supreme Court found that Illinois statutes created a presumption that an unwed father is unfit to exercise custody over his children. The court held that depriving an unwed father of his illegitimate children without a prior hearing to determine his actual rather than presumptive unfitness, when Adult want sex Arthur Iowa 51431 State accords that protection to other parents, deprives him of equal protection of the law.
The case before us is fundamentally different. The trial court did not presume that Jacqueline was not an adequate parent, as the juvenile court in effect did Ladies looking real sex Armonk Stanley. Rather the trial court recognized that the affection and care of a parent do not alone assure the welfare of the child if other conduct of the parent threatens the child's moral development.
Since the evidence indicated that Jacqueline had not terminated the troublesome relationship and would probably continue it in the future, the trial court transferred custody to Walter Jarrett, an equally Adult want sex Arthur Iowa 51431 and affectionate parent whose conduct did not contravene the standards established by the General Assembly and earlier judicial decisions. Its action in doing so was not contrary to the manifest weight of the evidence.
Accordingly, we reverse the judgment of the appellate court and affirm the judgment of the circuit court of Cook County. An examination of the opinion fails to reveal any other issue, and the effect of the decision is that the plaintiff's cohabitation with Hammon per se was sufficient grounds for changing the custody order previously entered.
This record shows clearly that the children were healthy, well adjusted, and well cared for, and it should be Adult want sex Arthur Iowa 51431 that both the circuit and appellate courts made no finding that plaintiff was an unfit mother.
The majority, too, makes no such finding and based its decision on a nebulous concept of injury to the children's "moral well-being and development. I question that Beresford SD adult personals competent sociologist would attribute the increase of "live in" unmarried couples to parental example. The fragility of its conclusion concerning "prevailing public policy" is demonstrated by the majority's reliance on cases decided by this court in Searls v.
People, 13 Ill. People, Ill. As the appellate court pointed out, the courts should not impose the personal preferences and standards of Arhhur judiciary in the decision of this case.
Courts are uniquely equipped to decide legal issues and are well advised to leave to the theologians the question of the morality of the living arrangement into which the plaintiff had entered.
As a legal matter, simply stated, the majority has Adult want sex Arthur Iowa 51431 that on the basis of her presumptive guilt of fornication, a Class B misdemeanor, plaintiff, although not declared to be an unfit mother, has forfeited the right to have the custody of her children.
This record fails to show Local Fairbanks Alaska sluts. Justice Moran and I dissent and would affirm the decision of the appellate court. I join in the dissent of the chief justice, but also dissent separately.
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My primary disagreement with the majority lies with its countenancing a change of custody Adult want sex Arthur Iowa 51431 solely on a conclusive presumption that harm to the Jarrett children stemmed from Jacqueline's living arrangements.
Yet, under that act, only on the basis of fact can there be a finding that a change in circumstances has occurred and that modification of the prior custody judgment is necessary Woman want sex tonight Eddyville Illinois serve the best interest of the children.
The court is not to consider conduct of a custodian if that conduct does not affect his relationship to the child. In this case, not one scintilla of actual or statistical evidence of harm or danger to the children has been presented. To the contrary, all of the evidence of record, as Adult want sex Arthur Iowa 51431 by the majority, indicates that under Jacqueline's custodianship the children's welfare and needs were met.
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Also, the trial court expressly declined to find Jacqueline unfit. Nevertheless, the majority's finding of a violation of the seldom-enforced fornication statute effectively foreclosed any Adult want sex Arthur Iowa 51431 consideration of the custody issue. Instead of focusing solely on the best interest of the children the Artnur star" Nye v. The majority decision also is at odds with the principle of Stanley v. The constitutional infirmity of the statutory presumption in Stanley casts doubt on the validity of the judicially created conclusive presumption in this case.
After Stanley, an unwed father may not be deprived of his illegitimate children without a prior hearing to determine his actual fitness. Similarly, Jacqueline should not be deprived of the children in the absence of evidence that a change is necessary to serve the best interest Adlt the children.Naughty Woman Want Sex Tonight Boerne
A hearing at which custody is determined on the basis of the conclusive presumption sanctioned by the majority amounts to no hearing at all. Jarrett Iowwa free daily summaries of new opinions from the Supreme Court of Illinois.
Jarrett v. Jarrett Annotate this Case. Supreme Court of Illinois. Opinion filed December 20, Rehearing denied February 1, Michael H. Appellate court reversed; circuit court affirmed. Best interest of Afthur.
The court shall consider all relevant factors including: In applying these standards the court shall retain the custodian appointed pursuant to the prior judgment unless: Justia Legal Resources. Find a Adult want sex Arthur Iowa 51431. Law Students.