In re Marriage of Kayla T., 2025 IL App (4th) 240952-U

- Case citation and parties
In re Marriage of Kayla T., 2025 IL App (4th) 240952-U (Ill. App. Ct., 4th Dist., Jan. 13, 2025). Petitioner-Appellee: Kayla T. (n/k/a Kayla F.). Respondent-Appellant: Zachary T. (parenting-time dispute concerning two children, Vin. and Viv., born 2017 and 2018).

- Key legal issues
1) Whether the trial court’s allocation of the majority of parenting time to Kayla was against the manifest weight of the evidence.
2) Whether evidence of parental marijuana use, mental-health issues, parental involvement in education/therapy, punctuality, and alleged parental alienation supported a different parenting-time allocation.
3) The relevance and weight of the guardian ad litem (GAL) reports and testimony from therapists/teachers under the best-interests factors (750 ILCS 5/602.7).

- Holding/outcome
The Fourth District affirmed. The appellate court held the trial court’s allocation of majority parenting time to Kayla was not against the manifest weight of the evidence.

- Significant legal reasoning
The court applied the manifest-weight standard (deference to trial-court credibility and factual findings). The record contained consistent evidence supporting the trial court’s decision: GAL initial and supplemental reports, testimony from Vin’s behavior analyst and the children’s teachers documenting (a) Kayla’s sustained involvement in therapy and school, (b) Zachary’s limited and declining engagement with therapy, (c) repeated tardiness and missed school/appointments when the children were with Zachary, and (d) occasions where Zachary smelled of marijuana. The GAL recommended continuing the existing parenting schedule and noted Kayla’s attempts at alienation but advised restricting Kayla only if baseless police/DCFS reports continued. Trial-court findings that prioritized stability, structure (notably for a child with autism), and the children’s established routines were supported by that evidence. The appellate court concluded the trial court reasonably weighed the statutory best-interest factors and credibility determinations and therefore did not disturb the allocation.

- Practice implications for family-law attorneys
- Document parental involvement: school attendance/tardiness logs, therapy attendance, communications with providers are persuasive.
- Substance-use allegations: observable evidence (e.g., witness notices of odor, timing relative to parenting time) and treatment/compliance records matter. Courts may impose targeted behavioral conditions (e.g., abstain for a set period before parenting time).
- GAL reports carry weight; cooperate with the GAL and proactively address concerns (mental-health treatment, parenting classes).
- For clients claiming primary-caregiver status, demonstrate sustained, recent caregiving and participation in children’s services.
- Appellate reviews are deferential — focus on creating a strong evidentiary record and favorable credibility findings at trial.
(Note: this Rule 23 order is non-precedential except as allowed by the Rule.)