In re Marriage of Hayden, No. 1-24-1296 (Ill. App. Ct. 1st Dist. Jan. 9, 2025)

Parties: Laura Hayden (petitioner-appellant) v. David P. Hayden Jr. (respondent-appellee)

Summary (300–500 words)

1) Case citation and parties
- In re Marriage of Hayden, 2025 IL App (1st) 241296-U. Laura Hayden appealed the dissolution judgment, allocation of parental responsibilities, and child support entered in Cook County against David P. Hayden Jr. (David prevailed).

2) Key legal issues
- Whether the trial court erred in (a) allocating parental decision-making authority and physical custody to the father and limiting the mother to supervised visits; (b) relying on evidence of child neglect/abuse and the guardian ad litem’s recommendations; (c) admitting/considering PEth (alcohol biomarker) results; and (d) whether appellate review was hampered by an incomplete record and forfeiture.

3) Holding/outcome
- The appellate court affirmed. It concluded many of Laura’s arguments were forfeited or unreviewable due to an incomplete record, and the claims that could be considered lacked merit.

4) Significant legal reasoning
- Procedural posture: The opinion was filed under Supreme Court Rule 23 (non‑precedential) and the court explained extensions and troubles producing a full report of proceedings.
- Forfeiture/incomplete record: Numerous appellate claims were not considered because Laura failed to provide the necessary transcripts or other record material establishing the alleged errors. The court reiterated the well‑settled principle that issues not supported by the record are forfeited.
- Deference to trial court: Where the record permitted review, the court upheld the trial court’s credibility determinations and factual findings concerning child safety and parental fitness. The trial court had found (based on evidence summarized in its opinion) that Laura failed to keep the parties’ children separated as ordered, neglected medical/hygiene needs (including untreated impetigo and bruising), delayed court‑ordered PEth testing, and produced PEth results indicating significant alcohol use. Those findings supported transferring physical custody and decision‑making to David and limiting Laura to supervised visitation.
- PEth testing: The court accepted the use and probative value of PEth results in assessing parental fitness in the context presented.

5) Practice implications
- Preserve the record: secure transcripts and include them in the record on appeal; failure to do so forfeits appellate review.
- Compliance matters: promptly comply with court‑ordered testing, evaluations, and investigations (home/social investigations, PEth tests) or risk adverse findings on fitness and custody.
- Evidence of substance use: objective biomarkers (PEth) can be persuasive evidence of alcohol misuse and relevant to custody decisions.
- Guardian ad litem and emergency motions carry weight: GAL reports and emergency motions alleging neglect/medical concerns can lead to temporary or permanent transfers of custody.
- Expect appellate deference to trial court credibility and factual findings in family law disputes.