CLAY CO.—The intentions of the family of a deceased woman to take her two-year-old away from the baby’s father were made public on the evening of the funeral, according to sources who heard the words spoken openly.
Jesteen Weiler, 27, of Flora, sister of the deceased Andrea Weiler, 25, was openly telling funeral attendees that it was the intention of her and her mother, Sherrie Kittle, to take Lily Jones away from her father, Zephrum Jones, 30, this on April 19.
Andrea Weiler died after being removed from life support on April 16, following an April 13 ATV accident in Jasper County. A local Jasper County man, Derek Stanciu, remains under citation for the accident, charged with nothing more than misdemeanor Driving Under the Influence, Illegal Transportation of Alcohol, Improper Lane Usage and Improper Operation of an ATV on a Highway.
However, as it turned out, Jesteen Weiler’s stated intentions were brought to fruition when, during a visit with her niece (granted by Jones, who saw no harm in letting his youngest daughter visit her late mom’s family), harm indeed was brought: The Kittle-Weiler bunch arrived at the pre-set meeting place, McDonald’s in Flora, where Jones was to pick up his daughter, and announced that they were keeping her.
All of this, they said, was based on Jones’ recent misdemeanor DUI and two decade-and-a-half-year-old felonies in Clay and Fayette counties…and was done in spite of Weiler’s own Clay County drug felony, for which she’s currently on probation until early 2015.
Jesteeeeeen is a mess; but proof is on file
Given the mess that Weiler embroiled herself in, it’s appeared that her mother has diminished Weiler’s part in all of it, especially considering that the brood of children she’s currently in charge of—belonging to both herself as well as her boyfriend/tattoo buddy, Jon Billingsley—might be under the microscope themselves, as it’s becoming more and more public that Billingsley has a drinking problem and this, too, is not a good environment to have an almost-three-year old in, especially when it’s not a blood parent like Jones is, and especially considering Weiler’s behavior over the past four weeks since the matter was featured in Disclosure.
And further, it all might be over sooner than the Kittle-Weiler bunch have envisioned, anyway: on file at the Clay County courthouse is Lily Jones’ Indiana birth certificate, which clearly shows that Zeph Jones is the acknowledged father.
Additionally, on file is also an affidavit of paternity sworn out at the time of her birth, as a matter of rote in this day and age of people not being married when they have children, to offset any question of paternity.
Didn’t occur to him
Jones apparently had not thought for a moment that his paternity would be in question when Lily’s mother died, and did not take steps through a court of law in order to ensure that any pending probate (estate/guardianship) case could be brought on behalf of his youngest daughter.
However, that’s just what the Kittle-Weiler bunch did.
Effectively abducting Lily from her father on Monday, May 6, the group, using local reviled attorney Mary Beth Welch Collins, two days later petitioned the court of Clay County for guardianship of Lily, calling into question Jones’ ability as a father (even though he had been doing just fine with Lily since Andrea Weiler’s death, and has other children of his own).
They also called into question his actual paternity, in the process diminishing Andrea Weiler in the eyes of the public, as they were effectively stating that she was loose enough to not know who the father of her own child was.
The parental background
Jones, a construction worker, unprepared to face this assault on his paternity, attempted to get his daughter back by going to law enforcement, as well as applying for an order of protection from Kittle and Weiler, but to no avail.
He was forced to find an attorney—via Land of Lincoln Legal services—who was forced to file proof that Jones is the father of the little girl, and asking for her return, an obscenity to even have to endure.
The attorney, Bart Zuber of Olney, filed a motion to dismiss the petition for guardianship on May 21.
In complete contrast to what Sherrie Kittle was alleging in her petition for guardianship (in which she stated that Jones was absent from Lily’s life, and as the “alleged father…had visited with the minor approximately three times in the past year, had never paid child support on behalf of the minor child, and had/has never established paternity”), the motion to dismiss states, with supporting documents:
That Jones and Weiler lived together as partners from 2006 through July/August 2012, during that time, Lily was born July 21, 2010 in Knox County, Indiana. Referencing the Paternity Affidavit executed by both Jones and Weiler, it “establishes paternity with no further court action required,” according to law recognized by the state of Illinois.
After the couple decided not to live together, they “remained amicable, were in constant contact, discussed reconciliation, continued to raise Lilian together, spent time in each others’ homes, and even went on dates.
“Zephrum had parenting time with Lilian multiple times every month,” the petition states, in “his own home, in Andrea’s home, in Zephrum’s mother’s home, in the home of Zephrum’s sister, and multiple other locations.”
This is important as it establishes that there are several witnesses able to provide rebuttal to Kittle’s over-the-top allegations.
Further, the document states that Jones provided financial assistance to Weiler by purchasing things she and the baby would need.
Jones was having “parenting time” the weekend of Weiler’s death. After the funeral, he “facilitated visitation time with Jesteen Weiler and Sherrie Kittle,” and at this point the document goes into what occurred when the baby was effectively abducted from Zephrum Jones’ life.
What the law says
Illinois’ law shows that a man is presumed to be the natural father of a child if:
He and the child’s natural mother are or have been married to each other, even though the marriage is or could be declared invalid, and the child is born or conceived during such marriage;
After the child’s birth, he and the child’s natural mother have married each other, even though the marriage is or could be declared invalid, and he is named, with his written consent, as the child’s father on the child’s birth certificate;
He and the child’s natural mother have signed an acknowledgment of paternity in accordance with rules adopted by the Department of Healthcare and Family Services under Section 10-17.7 of the Illinois Public Aid Code; or
He and the child’s natural mother have signed an acknowledgment of parentage or, if the natural father is someone other than one presumed to be the father under this Section, an acknowledgment of parentage and denial of paternity in accordance with Section 12 of the Vital Records Act.
Citing this law, Zuber wrote “The parental rights of Zephrum Jones have never been terminated. The whereabouts of Jones are known. Jones is willing and able to carry out day-to-day child care decisions concerning the minor. Jones did not voluntarily relinquish physical custody of Lilian to Sherrie Kittle.”
Jones objects to the appointment of a guardian, the documents show, and does not consent to the appointment of one. In that light, he requested that Kittle be found lacking standing to proceed on the guardianship petition, and asked for dismissal of the guardianship petition with prejudice…meaning Kittle could not refile.
Why does she want it?
Kittle’s own petition shows the likely reason for taking Lily and filing it at all: there is anticipated to be a wrongful death suit against Stanciu, and the baby would be the only beneficiary. Someone has to manage the money until the baby reaches majority age, and Kittle believes she’s just the one to do it.
Where Jesteen Weiler plays into it kind of falls in line with that aspect, as her relatives and associates have advised Disclosure that, per her felony case, in which she was accused of stealing pills from a man she was taking care of, she has a problem with taking things that aren’t hers.
Jesteen Weiler has lost all credibility in the case as one who could potentially have supported her mother in the petition, anyway.
So offended was she by her mention in Disclosure in the May-June 2013 edition, she attacked the newsmagazine on her Facebook page, and engaged others (such as Brandon Kittle and her current bedbuddy, Jon Billingsley) to do the same.
In the process of her attack, she showed that she was every bit as unfit a parent as her mother is attempting to make Jones out to be, as shown in the accompanying photo, behaving like a snide 12-year-old in a public forum instead of a responsible 27-year-old parent.
Billingsley doesn’t help
Her association with Billingsley hasn’t helped.
Billingsley, 41, was married to the late Jessika Klein, who was previously married to Lance Collins, the former Flora firefighter who is currently under a charge of Aggravated Criminal Sexual Abuse of a 15-year-old girl.
Jessika Collins Billingsley died at age 35 in September 2011 after a lengthy illness and what’s been reported as a botched surgical incident.
Lance Collins is the brother of Dennis Collins, who is the husband of Mary Beth Welch Collins, who is representing Kittle.
Jon Billingsley, who has been so supportive of his future mother-in-law having guardianship of Lily Jones, has been reported by friends to be disallowing his deceased wife’s family to have access to his children with her.
The entire mess appears to be highly dysfunctional and undoubtedly detrimental to all the kids involved, as Jesteen has had the dope conviction in the past year or so, and Billingsley is quiet open with his friends and neighbors about his love of alcoholic beverages.
So far, at least one woman from his past has come forward to advise Disclosure of his alleged tendency toward violence when he’s enjoying adult beverages, and has stated that photos of the result of that tendency are available.
If they are submitted to Disclosure, they will be published in both print and online versions.
Court date on deadline
In the meantime, Zeph Jones was set for a court hearing on the guardianship case on delivery deadline of this issue, Thursday, June 13 at 9 a.m.
It is anticipated that both motions—the petition for guardianship and the petition to dismiss it—will be argued on that day.
Whether it will be determined to send Lily back to her father or not may not be decided on that day, as the courts never want to give the appearance of being too hasty in these matters, and will want to examine the evidence submitted, being the baby’s birth certificate and the paternity affidavit.
However, it’s entirely possible that visitation with broad latitude for Jones will be allowed on that day, as he has not been permitted to see his own daughter since a couple of days before the day of the effective abduction.
All reports indicate that she has been crying for her father every bit as much as she has for her mother.
Hopefully the court will see the seriousness of the situation and get the baby to where she belongs.