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In re Petition of Howard

Case Date: 11/05/2003
Court: 2nd District Appellate
Docket No: 2-02-1109 Rel

No. 2--02--1109

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IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

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In re  PETITION OF INARA M. HOWARD
on behalf of Devin K. Bailey, a Minor

 

 

(Inara M. Howard, on Behalf of Devin K.
Bailey, a Minor, Petitioner-Appellee,
and Robert Jon Bailey, Respondent-Appellant).

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)		 Appeal from the Circuit Court
of Kane County


No. 02--MR--296


Honorable
Michael J. Colwell,
Judge, Presiding.

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JUSTICE O'MALLEY delivered the opinion of the court:

Respondent, Robert Jon Bailey, the father of the minor, Devin K. Bailey, appeals a judgment changing the minor's name to Devin K. Howard. Respondent argues that petitioner, Inara M.Howard, Devin's mother, did not prove by clear and convincing evidence that the name change wouldbe in the minor's best interest as required by section 21--101 of the Code of Civil Procedure (7355/21--101 (West 2002)). We affirm.

Petitioner and respondent were married in 1991 in California, where Devin was born in thesame year. When petitioner and respondent were divorced in 1994, they were awarded joint legalcustody of their son. Petitioner received physical custody of Devin. Respondent, who still lives inCalifornia, has visitation rights and is obligated to pay child support. On July 25, 2002, petitioner,now living in Carpentersville, filed her petition. Respondent filed an answer, and the cause went toa hearing on September 12, 2002. We summarize the testimony as it is given in the certifiedbystander's report.

Petitioner testified as follows. After the divorce, she moved with Devin to Tacoma,Washington, and later to Illinois. She remarried in December 1994 and has two other children withher current husband, John J. Howard, Jr. Respondent has not seen Devin in the past four years. Since petitioner and Devin moved to Illinois, two years before the hearing, respondent has never triedto contact either of them by phone. The last time respondent called was when they lived in Tacoma. On this occasion alone, petitioner did not allow respondent to talk to Devin because Devin had beenextremely upset by respondent's strange behavior the last time they had spoken. Respondent thenbegan yelling, using profanity, and threatening to kill Mr. Howard. Petitioner neither encourages nordiscourages personal or telephone contact between Devin and respondent but lets her son decide forhimself. When making decisions affecting Devin's well-being, petitioner never consults withrespondent because he has never shown any interest in participating in those decisions.

Petitioner testified that she filed the petition because Devin had repeatedly asked her tochange his last name to Howard. Before petitioner filed the petition, Devin received a letter or cardfrom respondent once or twice a year. Since filing the petition, petitioner has daily received lettersto Devin from respondent. She makes sure Devin reads them. Many of the letters have disturbingcontents; for instance, "Petitioner's Exhibit A" (not in the record) is the cover from a CD byrespondent's rock band, "Serious Suicide," and shows respondent making an obscene gesture. Sincemoving to Illinois, petitioner has received a monthly child support check for $63, written byrespondent's father and drawn on the two Baileys' joint account. Before that, respondent's paymentswere sporadic. The envelopes containing the current checks are addressed by respondent but includeno inquiries about Devin's welfare. Asked to describe the father-son relationship, petitioner said thereis none and has been none since Devin was born.

John J. Howard, Jr., testified that he has been married to petitioner for 7