In re Marriage of Smith, 2025 IL App (5th) 250235-U
Relocation Petition Granted Despite GAL Opposition
Illinois appellate court affirmed trial court's grant of mother's relocation petition, applying manifest weight of evidence standard. Court gave deference to trial judge's credibility determinations despite guardian ad litem's contrary recommendation. Attorneys must build strong evidentiary records on best interest factors.
Facts
Beth Smith sought to relocate their children to St. Louis, Missouri, while Steven Smith opposed the move and requested increased parenting time. The St. Clair County Circuit Court granted the relocation despite a guardian ad litem's recommendation to deny the move and award equal parenting time.
Issue
Whether the trial court abused its discretion in granting mother's relocation petition and denying father's motion for increased parenting time.
Holding
The Fifth District affirmed, finding the trial court's rulings were not against the manifest weight of the evidence. The court properly exercised discretion in weighing best interest factors including work arrangements, school ties, home conditions, children's preferences, and father's criminal history involving videotaping minors.
Key Reasoning
- Appellate courts apply manifest weight/abuse of discretion standard to relocation and parenting time determinations
- Trial courts may consider contested evidence including living arrangements, school ties, parenting allegations, and criminal history
- Guardian ad litem recommendations are not binding on the trial court's ultimate decision
- Trial courts have discretion to allow late-disclosed rebuttal witnesses and permit changes in position statements
Practical Impact
For Petitioners
Build comprehensive evidentiary record on best interest factors and be prepared to distinguish GAL recommendations with stronger evidence
For Respondents
Challenge credibility of relocation evidence and emphasize children's ties to current community, school, and activities
When This Applies
Applies when trial court makes supportable credibility determinations; distinguish when procedural errors or insufficient evidence exists
Statutes Cited
- Ill. S. Ct. R. 218(c)
Citation Network
This Case Cites
- In re Marriage of Smith
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