talking about and i didn't do so in the instructions though it was brought up and you know it or are and then and the reason that this instruction was given to be picked up one of a little bit there was no evidence deceased as his daughter was there we went through the whole trial he had an empty chair sitting over there and there was no reference made whatsoever to the reason she wasn't there at all and that is something priest where was that letter was that in anybody's possession like the judges are either counsel you know my recollection is that it did make its way into the court file that morning mr hyde was brought in and this was before the trial so i look at their record  way and she also testified as to the statements made by the to look at the scene she was not asked to give any opinion testimony at trial sure statements her testimony says i am not in favor of this appearance in court and i mean system other things to do this with the doctor say it right but there is another way you could have got her testimony before the jury without her having employed he became involved with jennifer greer who is the mother of the child in this case while she was going through a custody battle with her first child carly i clamped down very sorry for jennifer in the conditions in which they're older rescued her as he would so many times during the course of their relationship together at the time she was living around their wretched existence in a home with no running water no heat animal feces on the floor and try ash in the house this was the same woman in marion illinois from which her pending felony charges which arise from animal cruelty when jennifer became pregnant with alex who was born on march sixteenth two thousand and seven there was no i do believe that he did was the father however he had sufficient experience with jennifer based on his relationship with her by this time to recognize that she wasn't particularly truthful and so he to be opportunity shortly after the child was born to have a paternity test sixteen times that she moved since alex is birth and as of the trial date jennifer greer has a mental health history and she has threatened to kill herself in front of the child on one occasion and she had made a rather recent threat to her mother on the telephone when she said what would happen to alex if i blew my brains out she had also made grants of suicide to her father but these were mostly in the context of trying to get him to pay money for support nonetheless she admitted she was going to counseling and as she put it she wanted to stay in a women's shelter which was her home at the time of this hearing she was going to stay there until such time as she gets stable she's thirty eight years of age she has absolutely no employment history for the last five years other than assistance she was completely able to support herself and the child and every time that she got there or she was and exactly like victor found her and this unable to survive unable to take care of alice no means to pay rent food utilities or provide transportation there was a period of three weeks that she went to jail and during that time i think they're here alex until you bailed her out witnesses jennifer produced only two they were from the witness shelter there were no family no friends who testified on her bank account and while she was at the shelf there her witnesses conceded by his ex wife this daughter and even his ex girlfriend all of whom came to court testified that this man had never physically mentally or any way shape or form abused  really wasn't violent they were mean they were merely arguing my argument really only raises two points the first is whether the trial court erred when it failed to a good argument cited to the case of our ally and explain to the judge that never going through hearing was required then the judge turned to eugenia hunter asked her opinion she also said saying the other problem is that there are there's other cases out there that suggest that really when you're doing a very and ship case and under the probate act you're also supposed to consider the best interest of the well obviously trying to to use it as a sort here but i'd be the way i get harassed is because i don't think the trial court really finally made his decision and he's giving a standing fine but then didn't focus on the right factors when he reached that determination because he wasn't he wasn't looking at standing because that's what he told us we were doing regular guardianship and yet at the same time we didn't really look at best interest factors either was a higher standard than the just referred to if you can prove that for us i don't think it's necessarily a higher standard because i think that ultimately it's still by a preponderance of the evidence  said you lose because you didn't prove what you got to prove or stand back and instead of using a standard or you know you failed to prove you're entitled to  who was your client in trial was there a trial in the guardianship or was it was good grace actually having a hearing on standing orders or reading the record that would indicate that after hearing the evidence he changed his mind on the issue standing and said now that i've i've heard it so it is clear that the hearing that in place was not limited in its focus on anyway thirteen witnesses testified about the mother abilities the parenting abilities about their credibility he didn't make several comments about jennifer's credibility and he did i think even before he ruled state basically that he was going to ignore anything that her father ph said because he found that it was so incredibly by against her but other than that he made no assessments of the witnesses fred ability the evidence that was presented had very great plans about where she was going to live she stated that she had found rental houses but she also said she didn't need money i mean her her plans for the future as to how she would take care of he and at the time the brief time that she spent with that child the child looks healthy but again you've seen these children that come before the juvenile court there were from place to place the attorney did not want to proceed and we won't know the only other thing i would call your attention to make it right i have never seen a more elegant