In re Marriage of Smith

Court: Illinois Appellate Court | Published: 8/7/2025
Marriage
Quick Summary: <h3>Case Summary: In re Marriage of Smith</h3> <strong>Appellate Court:</strong> Illinois Fifth District <strong>Case Number:</strong> 2025 IL App (5th) 250235-U <strong>Appeal From:</strong> Circ...

Full Case Summary

Case Summary: In re Marriage of Smith

Appellate Court: Illinois Fifth District Case Number: 2025 IL App (5th) 250235-U Appeal From: Circuit Court of St. Clair County Petitioners: Beth L. Smith (Petitioner-Appellee) Respondent: Steven A. Smith (Respondent-Appellant) Judge: Honorable Tameka L. Purchase

Background

This case involves child custody and parental concerns following Beth and Steven's divorce after a six-year marriage, finalized on September 9, 2020. They have two children, R.S. and S.S. Beth sought decision-making authority and primary parenting time amid investigations into Steven by Illinois authorities.

Key Developments

  • Beth filed a notice on April 20, 2023, to relocate to St. Louis, Missouri, and subsequently filed a motion for permanent relocation on July 6, 2023, which followed unsuccessful mediation.
  • Steven's modification motion filed on May 2, 2023, requested more parenting time, highlighting the children's preferences and concerns regarding Beth’s parenting.
  • A Guardian Ad Litem (GAL) was appointed on August 3, 2023, and provided critical findings indicating that both children preferred to remain in Mascoutah and expressed concerns about Beth's new husband.

Judgment Overview

Outcome: The court affirmed the trial court's order permitting Beth to relocate and denied Steven's request for additional parenting time. It held that the trial court's decisions were consistent with the weight of the evidence. The ruling credited the children's wishes for stability in their education and relationships while adjusting to the ongoing changes in family dynamics.

GAL Report Findings

  • Significant changes were reported in the children's circumstances, with both expressing a desire to split time with each parent.
  • Concerns were raised regarding the home conditions under Beth’s care, including cleanliness and meal preparation issues, and the children's school attendance was noted as problematic due to Beth's inconsistent waking schedule.

Testimonies Overview

Numerous testimonies were presented, including those from Steven, who sought increased parenting time and highlighted past behavioral concerns with Beth, and various witnesses noting issues with cleanliness and care during parenting time with Beth. The unequal parental dynamics regarding adjustments for moving and communication issues were also debated.

Trial Court's Decision Review

De Novo Review: The appellate court's review of the trial court's rulings recognized it needed to be based on clear legal standards, evaluating evidence on child welfare and parenting arrangements. Affirmation of Relocation: The trial court's decision to allow relocation was guided by considerations of the children's best interests as per statutory factors under the Illinois Marriage and Dissolution of Marriage Act.

Conclusion

The appellate court affirmed the trial court's order allowing Beth's relocation to St. Louis and denied Steven's requests for increased parenting time, establishing a firm decision based on comprehensive evaluations of all relevant factors.

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