In Re Marriage of Dtw and Slw, 964 N.E.2d 573

1. Case citation and parties
- In re Marriage of D.T.W. and S.L.W., 964 N.E.2d 573, 357 Ill. Dec. 894 (Ill. App. Ct. 2011).
- Petitioner/Appellee: D.T. (father). Respondent/Appellant: S.L.W. (mother). Two minor children.

2. Key legal issues
- Whether the trial court abused its discretion in awarding sole custody to the father under the best‑interests standard.
- The weight to be given to a court‑appointed forensic psychiatrist’s section 604(b) report and testimony.
- Whether parental conduct (including alleged interference with visitation and relocation) supported a change from joint to sole custody.

3. Holding/outcome
- The Appellate Court affirmed the trial court’s order awarding sole custody to the father.

4. Significant legal reasoning
- Standard of review: custody decisions are reviewed for abuse of discretion; appellate courts defer to trial court credibility findings and factual determinations.
- The court relied heavily on the section 604(b) forensic psychiatrist (Dr. Phyllis Amabile), who conducted interviews, observed interactions, reviewed records, and issued reports recommending sole custody to the father if joint custody was inappropriate. Her testimony documented: (a) both parents love and interact well with the children; (b) the mother repeatedly impeded the father’s access (e.g., cancelling/curtailing visits, taking children to hospital just before scheduled parenting time, calling police to block visits); and (c) the father had a stable parenting plan and substantial support network (sister, mother, housekeeper) to provide hands‑on care in his primary residence.
- The trial court’s lengthy written findings addressed credibility, detailed incidents of interference, the children’s bonds, and the available caregiving environment. The appellate court found the record supported the trial court’s determination that sole custody was in the children’s best interests.

5. Practice implications
- Custody rulings will be upheld where the trial court makes detailed factual findings and credibility assessments—prepare a comprehensive record.
- Evidence of deliberate interference with court‑ordered or reasonable visitation can justify awarding sole custody to the other parent. Document attempts to impede access (communications, cancelled visits, medical visits suspiciously timed, witness testimony).
- Court‑appointed forensic evaluators under 750 ILCS 5/604(b) can be dispositive; early cooperation and engagement with evaluations is critical.
- Show a viable care plan (primary residence, schooling, reliable caregivers) for whichever parent seeks custody.
- Anticipate appellate deference: focus trial strategy on creating a record that supports best‑interest findings and addresses each statutory factor.