Wife petitioned for temporary custody of the three children and temporary possession of the home. The trial court granted husband temporary custody of parties’ three minor children and possession of the home.

He made this request orally. He had not filed any pleadings. His argument for seeking temporary custody was that her work as an escort was negatively affecting the children and was not in their best interest. Wife appealed.

Wife had not objected to husband’s oral request at the trial court hearing. She waived his failure to have pleadings on file on these issues.

The Appellate Court held that the trial court did not exceed its authority to determine justiciable issues. It had properly considered the impact on the children of wife’s work as an escort.

Wife had argued that the trial court made mistakes in admitting evidence. It had allowed a flash drive containing photographs that were allegedly copies of photos of her from an escort service agency Web site. She contended the photos were actually photos on husband’s cell phone.

Husband had argued that wife’s work as an escort was not the issue. It is how her work impacts the children that is material. The court noted husband’s very candid, fair, and unbiased treatment of the issue.

The court said that it is clear that husband’s argument is firmly grounded on the best interest of the children. A custody determination does not require a showing that one parent is a ” ‘better’ ” or ” ‘worse’ ” person than the other. It is the children’s best interest that is paramount.

In re Marriage of Perry, 2012 IL App (1st) 113054.

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