HomeMy WebLinkAbout09-4770ko-w?t n -?x -zo-zoRbbj _ q . o?i -zOZO
IN THE CIRCUIT COURT
TWENTIETH JUDICIAL CIRCUIT
ST. CLAIR COUNTY, ILLINOIS
IN RE THE MARRIAGE OF:
MICAH GOOD,
Petitioner,
and
CYNTHIA GOOD,
Respondent.
NO. 07 1 2 ?kl
JUDGMENT OF DISSOLUTION OF MARRIAGE
417§
THIS CAUSE coming on for hearing on the Petition for Dissolution of Marriage of Micah
Good, (hereinafter referred to as "Husband"), by and through his attorneys, KASSLY, BONE,
ENGLISH & HILLEBRAND, P.C., and the Respondent, Cynthia Good (hereinafter referred to as
"Wife"), having made her Entry of Appearance and Consent, this Court finds as follows:
1. That this Court has jurisdiction over the subject matter herein and the parties
hereto.
2. Petitioner is 27 years of age and is currently employed by United States Air Force.
3. Respondent is 28 years of age and is currently unemployed.
4. The Petitioner is now both domiciled in the State of Illinois and has been so
domiciled for at least ninety (90) days next preceding the filing of this action.
5. The parties were lawfully joined in marriage on March 28, 1998 in Carlisle,
Pennsylvania and the marriage was registered at Cumberland County.
6. The parties cohabited and lived together from the time of their marriage until on or
about April 1, 2006, and since that time have ceased to live together as husband and wife.
d9-y770
FILED
ST. CLAIR COUNTY
MAR 0 8 2007
L
7. The following children were born to the parties as a result of the marriage: Katelyn
Good, date of birth December 20, 2000; and Abby Good, date of birth September 23, 2002. The
said children presently reside with the Wife.
8. The Respondent is not pregnant.
9. That both parties are fit and proper person to have joint care, custody, control and
education of the minor child.
10. Irreconcilable differences have caused the irretrievable break-down of the mar-
riage; all efforts at reconciliation have failed, and future attempts at reconciliation would be
impractical and not in the best interest of the family.
11. The Court further finds, that the parties have lived separate and apart for a
continuous period of more than six months, and have stipulated and waived the requirement of
living separate and apart for a continuous period in excess of two years, as required by 750 ILCS
5, 401(a)(2).
12. The parties had acquired marital debts. The Court further finds that the parties
have entered into a settlement agreement as to the division of their marital assets and liabilities,
which is set forth in the order below and made a part of this Judgment of Dissolution.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED BY THIS COURT:
A. Dissolution. That there be and is hereby entered a Judgment of Dissolution of
Marriage between the parties based on the grounds of irreconcilable differences, and the bonds of
matrimony between them are hereby forever dissolved.
B. Custody. The parties will share joint care, custody, control and education of the
minor children of the parties. Parties will each have the children 50 percent of the time. While the
children are in the custody of that parent, that parent will be responsible for the everyday needs
and care of the children and will be the primary custodian for that period of time.
C. Child Support. The issue of child support is reserved.
D. Visitation. The Petitioner is awarded reasonable visitation with the said minor
children, pursuant to the Court's standard visitation schedule, as follows:
Weekend Visitation. Every other weekend beginning at 6:00 p.m. on
Friday through and ending at 6:00 p.m. on Sunday, beginning the weekend
following the date of this Judgment of Dissolution of Marriage. If the
custodial parent's holiday weekend, as set forth below, conflicts herewith,
then the non-custodial parent's regular weekend shall be replaced with the
custodial parent's next regular weekend, to thereafter be followed by the
original schedule so that each would have two consecutive weekends.
2. Midweek Visitation. One night each week from 5:00 p.m. on Wednesday
until 8:00 a.m. on Thursday.
3. Summer Visitation. Six (6) weeks each summer (to be divided into three
14-consecutive day periods) to coincide with the children's school summer
vacation. Non-custodial parent may select the first two weeks of this
summer vacation by notifying the custodial parent of same (each
notification herein to be in writing) by February 1st each year; two weeks
may then be excluded by the custodial parent by March 1st, the next two
weeks to be selected by the non-custodial parent by April 1st, two more
weeks may then be excluded by the custodial parent by May 1st, the final
two weeks to be selected by June 1st. The custodial parent's excluded
four weeks shall prevail over the non-custodial parent's weekend and
weeknight periods.
4. Holidays and Special Days:
(a) Holidays and special days shall prevail over weekend, weekday and
summer vacation set forth in sub-paragraphs 1, 2 and 3 above.
(b) Mother/Wife shall have custody of the minor children on her
birthday and on Mother's Day each year from 9:00 a.m. to 9:00
p.m..; plus "Holiday Group A" in even-numbered years and "Holiday
Group B" in odd-numbered years.
(c) Husband/Father shall have custody of the minor children on his
birthday and on Father's Day each year from 9:00 a.m. to 9:00
p.m..; plus "Holiday Group A" in odd-numbered years and "Holiday
Group B" in even-numbered years.
Holiday Group A:
(1) PRESIDENT'S DAY/WASHINGTON'S BIRTHDAY (Observed)
weekend from 5:00 p.m. the Friday prior through 8:00 a.m. the
Tuesday following.
(2) SPRING BREAK: A period of 6 days during the children's school
spring break, the exact days to be selected and written notice given
to the other party not later than 30 days prior to the start thereof.
(3) INDEPENDENCE DAY (JULY 4TH) holiday from 5:00 p.m. the next
non-weekend day before to 9:00 a.m. the weekday next following.
(4) COLUMBUS DAY weekend from 5:00 p.m, the Friday prior through
8:00 a.m. the Tuesday following.
(5) CHRISTMAS vacation from December 25th beginning at 10:00
a.m. through 9:00 a.m. on December 31 st.
(6) EACH CHILD'S BIRTHDAY from 9:00 a.m. until 9:00 a.m. the
following day.
Holiday Group B:
(1) MARTIN LUTHER KING DAY weekend from 5:00 p.m. the Friday
prior through 8:00 a.m. the Tuesday following.
(2) MEMORIAL DAY weekend from 5:00 p.m. the Friday prior through
8:00 a.m. the Tuesday following.
(3) LABOR DAY weekend from 5:00 p.m. the Friday prior through 8:00
a.m. the Tuesday following.
(4) THANKSGIVING weekend from 5:00 p.m. the Wednesday prior
through 8:00 a.m. the following Monday.
(5) CHRISTMAS vacation from 5:00 p.m. the day the children's school
Christmas vacation begins through 10:00 a.m. on December 25th,
and December 31st beginning at 9:00 a.m. through 8:00 a.m. the
day the children's school Christmas vacation ends.
(6) The day prior to each child's birthday beginning at 9:00 a.m.
through 9:00 a.m. the day of the birthday.
The parties may agree to vary the above visitation schedule. However, if the parties fail to
agree, then the visitation schedule as listed in this Judgment of Dissolution shall control.
E. Cooperation of Parents/Relationship with Children. Both parties agree that
they will use their best efforts to foster the respect, love and affection of the children towards the
other parent and shall endeavor to develop and maintain a loving, caring and secure relationship
with the children. Both parents further agree to cooperate fully in implementing the visitation of
the parent not having physical custody so as to accommodate the social commitments of the
minor children.
Each parent agrees to keep the other informed as to the exact place where each of them
resides, the phone numbers of their homes and places of employment, and if either parent travels
out of town for any period of more than three (3) days, then such person shall notify the other of
his or her destination and shall provide a phone number where he or she can be reached.
Both parents agree that at all times when the children are under their physical care, each
shall refrain from placing the children in an environment or exposing them to activities that may
endanger their physical, mental, emotional or moral well-being. Both parents agree to avoid
controlled substances or excessive use of alcoholic beverages or prescriptioned medication when
the minor children are in their physical custody.
Both parents shall take into consideration the children's school and social activities when
exercising their visitation, and both parents shall assist in taking the children to their various
activities when the children are in their physical custody.
F. Mandatory Behavior for Parents. Both parents shall abide by the Mandatory
Behavior for Divorced Parents which is attached to this Judgment of Dissolution as Exhibit A and
is made part hereof.
G. Tax Exemption. Each parent claims one child every year as an exemption on his
or her federal and state income tax returns.
H. Health Insurance. The Petitioner is ordered to provide medical and dental
insurance for the minor children.
1. Marital Home: The marital home at 1433 Peace Drive, Belleville, Illinois is to be
sold and the proceeds from said sale shall be divided equally between the parties.
J. Marital Debt: Petitioner will be responsible for all credit card debt, specifically the
Chase Card, and shall hold Respondent harmless thereof.
K. Household Furnishings, Furniture, Personal Effects. The parties are each
awarded as their sole and separate property the items of household furnishings, furniture, clothing
and personal effects now in his or her possession. Each party shall be responsible for any
indebtedness on their own items of property and shall hold the other party harmless and
indemnified from same.
L. Jurisdiction of Court. This Court shall retain jurisdiction of this cause for
enforcement purposes.
r/
MICAH GOOD'r CY THIA GOOD ` -
Husband/Petitioner Wife/Respondent
ENTERED THIS DAY OF 20C q.
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MANDATORY BEHAVIOR FOR DIVORCED PARENTS
CONCERNING PHYSICAL CUSTODY AND VISITATION
1. Do not poison your child's mind against the other parent by discussing his
or her shortcomings. Continuing anger or bitterness toward your former partner can
injure your children far more than the dissolution itself. The feelings you show are more
important that the words that you use.
2. Assure your children that they are not to blame for the breakup, and that
they are not being rejected or abandoned. Children, especially the young ones, may
feel that some action or secret wish of theirs has caused the trouble between their
parents.
3. Do not force or encourage your child to take sides. To do so often hurts the
child by creating frustration, guilt and resentment.
4. Marriage breakdown is always hard on the children. They may not always
show their distress or realize at first what divorce will mean to them. Parents should be
direct and honest in telling children what is happening and why, and do so in a way a
child can understand. This will vary with the circumstances and with each child's age
and comprehension.
5. The guilt parents may feel about the marriage breakdown may interfere in
their disciplining the children. A child needs consistent control and direction. Over-
permissiveness or indecisive parents who leave a child at the mercy of every passing
whim and impulse interfere with a child's healthy development. Children need and want
to know quite clearly what is expected of them. Children feel more secure when limits
are set. They are confused when grown-ups seem to permit behavior which they
themselves know to be wrong and are trying to outgrow.
6. Encourage the children to spend time with the other parent. Your spouse
divorced you, not your children. The children should have and be allowed to display
photos of both parents.
7. Time with the children by the non-custodial parent, or the non-residential
parent in joint custody cases, is for the benefit and better development of the children.
No matter what the difference of feeling or opinion between the parents, physical
custody or visitation shall not be withheld or threatened to be withheld. Failure to
receive child support is NOT grounds for withholding physical custody or visitation.
8. The parent with whom the children live must prepare the children both
physically and mentally for the physical custody or visitation. The children should be
available at the time mutually agreed upon, or the time specified in the Judgment of
Dissolution or the most recent order affecting visitation, or the Joint Parenting
Agreement relating to physical custody.
EXHIBIT A
9. Your former spouse is entitled to make his or her personal plans during your
physical custody or visitation. Do not interfere by failing to abide by the terms of
physical custody or visitation. Be on time. Return the children on time.
10. Do not fail to notify your former spouse and your children as soon as
possible if you are unable to keep your visitation. It's unfair to your children to keep
them waiting - and worse to disappoint them by not coming at all..
11. Make your time with the children as pleasant as possible by NOT
questioning them regarding the activities of your former spouse and by NOT making
extravagant promises which you cannot or will not keep.
12. Never miss an important date - Christmas, birthdays, graduation, etc. If
you can't be there, call or write.
13. If your ex-spouse has plans for the children that conflict with yours, be
adults and work out the problem together. Consider the children's wishes, but don't ask
them to take sides. (Reread Guideline #3).
14. Do not expose your children to any immoral conduct between you and any
member of the opposite (or same) sex with whom you may be emotionally involved.
15. Do not use your pickup or return of the children as a means to continue
arguments with your former spouse. You are the role models for the children. Conduct
yourselves accordingly.
16. Do not be in the presence of your children if you are intoxicated. Do not
visit your children at unreasonable hours.
17. Under no circumstances shall the question of alimony (maintenance) or
child support payments be raised in the presence of the children. (Reread Guideline
#1).
18. Be prompt in paying child support as ordered. You will not be credited with
presents, clothing, etc. as part of the child support. Withholding of physical custody or
visitation is NOT grounds for withholding child support.
19. Think first of your children's present and future emotional and mental well-
being before acting. This will be difficult because of your own feelings, needs and
emotions, but try, try, try.
20. Don't overlook the fact that you are only human. You won't be able to make
a 100% score on being the perfect parent. No one ever does - in good times or bad
times. When you fail in your attempts, acknowledge it, and resolve to attempt to
improve day by day.
IN THE CIRCUIT COURT
TWENTIETH JUDICIAL CIRCUIT
ST. CLAIR COUNTY, ILLINOIS
IN RE THE MARRIAGE OF:
MICAH GOOD,
Petitioner,
and
CYNTHIA GOOD,
Respondent.
NO. 07 1D ~3--)--1
JOINT PARENTING AGREEMENT
??7h*
WHEREAS, Micah Good, Petitioner and Cynthia Good, Respondent consider it in the best
interest of their minor children, to settle the issue of their custody, the parties therefore voluntarily
agree to the following:
1. That joint custody of their minor children be awarded to Cynthia Good and Micah
Good, with the Mother, to have the situs of custody.
2. Visitation with the said minor children shall be as set forth in the Judgment of
Dissolution of Marriage filed herein, of which this Joint Parenting Agreement is made a part, and
the parties do hereby agree to said visitation schedule. The parties may agree to vary said
visitation schedule, but in the event that the parties cannot agree on such other and different
visitation, the schedule as set forth in said Judgment of Dissolution shall control.
3. Both parents shall be responsible for and shall have the power to make all
decisions regarding the children's medical and health care. Each parent shall promptly inform the
other of any serious illness of the children which shall require medical attention. Elective surgery
shall only be performed after both parents have consulted with each other and have agreed to the
ST. C? COUNTY
MAR 0 8 Z007
1
elective surgery. If a dispute arises regarding the decision, the parties shall abide by the dispute
resolution provisions as are herein provided. Emergency surgery necessary for the preservation
of life or to prevent a further serious injury or condition may be performed without consultation with
the parent who does not have physical custody of the children when necessary for the
preservation of life or to prevent a further serious injury, provided, however, that if time permits,
the other parent shall be consulted and in any event informed as soon as reasonably possible.
4. Both parents shall inform each other of any medical or health problems which may
arise while they have physical custody of the children when the information of said medical or
health problem would aid the other parent in the care and treatment of the children. Both parents
shall provide each other with any medications which the children may be taking at the time of the
transfer of custody and with sufficient information to allow the parent assuming custody to obtain
refills of that medication.
5. Both parents shall, when requested, provide information to the other parent
regarding the names, addresses, telephone numbers and other necessary facts concerning the
providers of any medical or health care to the children.
6. Each parent shall at all times conduct himself/herself in a manner which promotes
the cooperation and involvement of the other parent on any matters which concern the medical
and health care of the children, keeping in mind that the cooperation and involvement of both
parents on issues regarding medical and health care of the children is in the best interests of the
children.
7. The parties shall adhere to the following rules with respect to the custody of and
visitation with the minor children:
A. Each parent shall refrain from discussing the conduct of the other
parent in the presence of the children except in a laudatory or
complimentary way.
2
B. Under no circumstances shall the question of child support either as
to amount, manner or transmission of payment, be raised in the
presence of the children.
C. Visitation with the minor children shall not be withheld because of
the nonpayment of child support. The payment of child support
shall not be withheld because of the refusal of the Mother to grant
visitation to the Father.
D. The Mother shall not threaten to withhold visitation from the Father.
The Father shall not threaten to prevent or delay the return of the
children to the Mother after a period of visitation.
E. The Mother shall prepare the children both physically and mentally
for visitation with the Father. The children shall be available at the
time mutually agreed upon between the parties for the beginning of
visitation.
F. The Father shall advise the Mother as soon as possible if the
Father is unable to keep a planned visitation with the children.
G. Both parents shall not unreasonably question the children regarding
the activities of the other parent.
H. Neither parent shall expose the children to any immoral conduct
between the parent and any member of the opposite sex.
Neither party shall drink to excess in the presence of the children.
That either parent shall not visit the children at unreasonable hours.
K. That both parents shall work with each other to arrange visitation
schedules which shall take into account the children's educational,
athletic and social activities. Both parents may take the children to
appropriately planned activities.
L. Either parent may temporarily take the children to another state for
vacation or for other good reason with reasonable notice to the
other parent.
M. In the event either parent takes the children for an extended period
to a place other than their home, that parent shall inform the other
parent of the children's whereabouts by location, address and
telephone number and said information should be given to the other
parent.
N. If visitation does not occur through no fault of either parent,
reasonable compensatory visitation shall be arranged.
3
O. Both parents shall at all times conduct themselves in a manner
which promotes the beneficial effect on the minor children of
visitation with both parents.
P. Both parents shall take into consideration the children's school and
social activities when exercising their visitation, and both parents
shall assist in taking the children to various activities when the
children are in their physical custody.
8. The parties agree that the children's education shall continue at their present
schools; the parties shall jointly determine where the children shall be enrolled in school in the
future, and shall take the necessary action with the authorities of the schools in which the children
are to be enrolled, to:
A. List both parents as a parent of the children;
B. Authorize the school to release to either parent any and all
information concerning the children;
C. Insure that either parent receives copies of any notices regarding
the children.
If the parties are unable to jointly make a decision regarding the children's education, they
then shall abide by the dispute resolution provision as herein provided.
9. The Mother shall promptly transmit to the Father any information received
concerning parent-teacher meetings, school club meetings, school programs, athletics schedules
and any other school activities in which the children may be engaged or interested.
10. The Mother shall promptly, after receipt of same, furnish to the Father a photocopy
of the children's grade or report cards and copies of any other reports concerning the children's
status or progress.
11. That both parents shall, when possible, arrange appointments for parent-teacher
conferences at a time when both parents can be present, and whenever possible said
conferences shall be attended by both parents.
4
L.
12. The parties shall jointly determine the religious participation by the children in the
church of their choice, and agree that said religious participation shall be in the denomination of
choice. If the parties are unable to jointly make a determination, they will abide by the dispute
resolution provision as herein provided.
13. In the event that the parents cannot agree as to a vital non-emergency decision
affecting the welfare of the children, the Circuit Court of the County of St. Clair shall retain
continuing jurisdiction to adjudicate any disputed issue. The parties agree, however, that if any
conflicts arise between the parties as to any of the provisions of this joint parenting agreement,
the complaining parent shall first notify the other parent of the nature of the complaint and both
parents shall make reasonable attempts to negotiate a settlement of the conflict. Whenever
practicable under the circumstances, said complaint shall be made in written form and given to or
mailed to the other parent. The party receiving said complaint shall, when practicable, reply to the
said complaint in a similar manner in written form. If the parties are unable to resolve their conflict
within a reasonable period of time, the parties agree to submit any such disputed issue or conflict
for resolution to a designated impartial mediator before applying to the Court for relief as to all
matters which do not involve serious endangerment of the children's physical, mental, moral or
emotional health. This is not to construe upon the mediator judicial functions or give him or her
jurisdiction for matters such as collection of child support or enforcement of judicial decisions, but
merely an attempt to mediate matters dealing with the effectuation of the joint custody
arrangements of the parties. In the event the mediation is unsuccessful, or if an immediate and
serious endangerment is alleged, a court proceeding may be filed by either party. In the event
mediation is necessary, the parties shall share equally the cost of the mediator. If the
5
1
mediation is unsuccessful, the cost of the mediator may be included in the petition for fees and
costs in connection with the court proceeding.
We submit the foregoing Joint Parenting Agreement for this Court's approval and
incorporation in the Judgment of Dissolution of Marriage entered herein.
DATE SIGNED:?
DATE SIGNED:
MI H GOOD t.?
,
CYNTHIA GOOD -'
APPROVED: &A4
JU E
DATE:
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CD 02.
MICAH GOOD IN THE COURT OF COMMON PLEAS OF
PL.,ATNTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
CYNTHIA GOOD
DEFENDANT
2009-4770 CIVIL ACTION LAW
IN CUSTODY
ORDE12 OF COURT
AND NOW, ___ Tuesday, February 23, 2010 _, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. ,the conciliator,
at _ 39 West Main Street, Mechanicsbur , PA 17055 , on Thursday, March 25, 2010 at 9:00 AM
for aPre-Hearim~ Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be; heard by the court, and to enter into a temporary
order. Failu-°e to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and alt existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ Daum S. Sr~nda Es _
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business before the court. You. must attend the scheduled
conference or hearing.
YOU SHOULD TAKE TH1S PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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