Ford v. Marteness

State: Illinois

Court: 4th District Appellate

Docket No: 4-06-0065 Rel

Case Date: 10/27/2006

Preview:NO. 4-06-0065 IN THE APPELLATE COURT OF ILLINOIS FOURTH DISTRICT DESIREE FORD, Plaintiff-Appellant, v. STEVEN MARTENESS, Defendant-Appellee.

Filed 10/27/06

) Appeal from ) Circuit Court of ) Livingston County ) No. 00F6 ) ) Honorable ) Robert M. Travers, ) Judge Presiding. _________________________________________________________________ JUSTICE KNECHT delivered the opinion of the court: Plaintiff, Desiree Ford, mother and custodial parent of Noah Ford, pursuant to section 14 of the Illinois Parentage Act of 1984, filed a petition in the Livingston County circuit court seeking to remove Noah from the State of Illinois to Colorado due to her pending marriage with Anton Giacometti. (West 2004). 750 ILCS 45/14

Defendant, Steven Marteness, Noah's father, filed a In December This appeal

petition requesting the trial court deny removal. 2005, the trial court denied the removal petition. followed. We reverse and remand with directions. I. BACKGROUND Noah Ford was born on August 25, 1999.

His parents,

Desiree, 27 years old, and Steven, 48 years old, have never been married to each other and never lived together. Desiree is seeking removal so she can move Noah to Colorado to live with Giacometti. Desiree and Giacometti were

engaged to be married on March 17, 2006.

At the time of trial,

Desiree lived with her parents in Dwight, sharing a bedroom with Noah. week. She was employed as a bartender and worked three nights a Her average income was $300 per week. Steven lives in Peoria. At the time Desiree became

pregnant, he lived in Joliet but moved shortly after the pregnancy. When Desiree first told Steven she was pregnant, Whatever relationship the Steven moved to Peoria.

Steven suggested she have an abortion. two had effectively ended at this point.

He did not contact Desiree during the pregnancy and was not present when Noah was born. He did not see Noah until three to

four months after Noah's birth, after Desiree initiated contact. Steven has another child and pays child support for that child. After his child-support payments, Steven earns He is entitled to visitation

approximately $30,000 per year.

with Noah from 7 p.m. Friday evening until 7 p.m. Sunday evening on alternating weekends. In practice, however, Steven has Noah Other than this

from noon on Saturday until 6 p.m Sunday.

visitation, Steven and Noah have little other contact. Desiree's fianc

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