In re Marriage of Royer

Case Summary: In re Marriage of Gresha Royer

Case Citation: 2024 IL App (2d) 240378-U, No. 2-24-0378, Order filed December 10, 2024

Background

The case involves the appeal of Gresha Royer against a trial court decision that modified the parenting plan regarding their daughter, J.R. Gresha and Brock Royer were married in October 2015 and had a daughter in June 2016. Gresha filed for dissolution of marriage in September 2018, and in February 2020, an agreed parenting plan was established, stipulating Gresha as the primary caregiver and setting restrictions on Brock’s parenting time due to his serious medical and behavioral issues.

Trial Court Decisions

Initially, the court provided limited parenting time for Brock, requiring supervision due to his health concerns. Brock later filed multiple motions to lift those restrictions, claiming substantial improvements in his health. However, the court granted him overnight parenting time beginning January 30, 2024, despite noting no solid evidence of changed circumstances.

Appellate Court Findings

The appellate court found the trial court’s modification of the parenting plan to be erroneous. It ruled that Brock failed to demonstrate that the modifications served the best interest of J.R. or qualified as minor amendments to the original plan. The Gal's (guardian ad litem) ongoing concerns about Brock’s health issues and behavior remained unaddressed, undermining the rationale for the modification.

Conclusion

The appellate court ultimately reversed the trial court's decision, reinstating the original parenting plan as it concluded that the trial court's determination regarding the modification being in J.R.’s best interests was against the manifest weight of the evidence.

Decision: The judgment of the circuit court of De Kalb County is reversed.