In re Marriage of Erikson,2024 IL App (3d) 240258-U.pdf

Court: Illinois Appellate Court | Published: 12/14/2024
Marriage
Quick Summary: <p>In <strong>In re Marriage of Darlena Erickson n/k/a Darlena Gomez v. Cody Erickson</strong>, the Illinois Appellate Court affirmed a lower court’s refusal to allow relocation of minor children post...

Full Case Summary

In In re Marriage of Darlena Erickson n/k/a Darlena Gomez v. Cody Erickson, the Illinois Appellate Court affirmed a lower court’s refusal to allow relocation of minor children post-divorce. Darlena sought to move from Bourbonnais to St. Charles (~75 miles away), opposed by Cody.

A circuit court initially denied the relocation but was remanded by the appellate court for focusing insufficiently on the children’s best interests. On remand, it again denied the move and altered parenting time in Cody’s favor, which Darlena appealed.

The appellate court again upheld the denial, concluding it was not against the manifest weight of the evidence. They cited statutory best-interest factors, including each parent’s relationship with the children, educational continuity, and emotional impact. While both parents were active and caring, uprooting them for a 75-mile move would be burdensome and disrupt routines.

Additionally, Darlena hadn’t complied fully with notice requirements for relocation, affecting the decision. The court found the trial court’s conclusion reasonable, reaffirming denial of relocation and modifications to parenting time.

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