In re Marriage of Jessica A.S., 2025 IL App (5th) 250297-U
Documented Parental Noncooperation Supports Parenting Time Modification
Trial court properly found substantial change of circumstances justified modifying parenting time when deployed father documented ongoing scheduling conflicts and electronic contact limitations. Courts apply preponderance standard when evaluating parental noncooperation evidence. Documentation of noncompliance proves decisive in modification proceedings.
Facts
Jessica A.S. and Tyler S. divorced with Tyler being a deployed service member seeking modification of parenting time. Tyler alleged Jessica limited electronic contact, refused to provide the child's phone number, and resisted visitation including substitute grandparent visits. The trial court modified the parenting schedule in Tyler's favor.
Issue
Whether the trial court abused its discretion in finding substantial change of circumstances warranting modification of parenting time when a deployed parent documented scheduling conflicts and alleged parental noncooperation.
Holding
The appellate court affirmed, holding the trial court's finding of substantial change was supported by preponderance of evidence including documented scheduling refusals and electronic contact limitations. The modified parenting time served the child's best interests, and denial of in camera interview was within the court's broad discretion.
Key Reasoning
- Courts apply preponderance of evidence standard to determine substantial change of circumstances in parenting time modifications
- Documented evidence of scheduling refusals, limited electronic contact, and resistance to substitute visitation supported finding of material change
- Trial courts have broad discretion regarding in camera interviews and must only justify necessity with specific facts
- Best interests analysis considers parental cooperation and child's comfort while balancing both parents' rights
Practical Impact
For Petitioners
Meticulously document all communication attempts, noncompliance, and scheduling conflicts through texts, emails, and formal orders to build compelling evidence of substantial change
For Respondents
Demonstrate good faith cooperation efforts and focus on child's expressed preferences and comfort level to counter modification requests
When This Applies
Applies when clear pattern of noncooperation exists with documentation; limited application when isolated incidents or legitimate child welfare concerns justify scheduling resistance
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