In re Marriage of Tiffany A., 2025 IL App (5th) 250409-U
GAL Report Adequate, Parenting Time Allocation Affirmed
Illinois appellate court affirmed trial court's allocation of majority parenting time to father, finding GAL report adequate and decision supported by evidence. Courts apply deferential manifest weight standard when reviewing parenting time allocations. Challenges to GAL reports require specific objections and contrary evidence.
Facts
Tiffany A. appealed trial court's decision awarding majority parenting time to father David A. The case involved disputes over GAL investigation adequacy and best interest factors analysis. This was an appeal from the trial court's parenting time allocation order.
Issue
Whether the GAL's investigation was inadequate and whether the trial court's allocation of majority parenting time to father was against the manifest weight of evidence.
Holding
The appellate court affirmed, finding the GAL's report was thorough and adequate. The trial court's parenting time allocation to father was supported by evidence of his parental involvement, residential stability, and efforts to address mental health issues.
Key Reasoning
- GAL adequacy requires interviewing parties, children, third parties and analyzing statutory best interest factors
- Manifest weight standard applies deferentially to trial court's factual findings on parenting fitness and stability
- Evidence of father's caregiving, coaching involvement, stable residence and PTSD treatment supported allocation decision
- Countervailing evidence of controlling behavior and protection orders was weighed but found insufficient by trial court
Practical Impact
For Petitioners
Build comprehensive evidentiary record on all statutory factors and preserve specific objections to GAL procedures and findings
For Respondents
Document parenting involvement, residential stability, and mental health treatment efforts to support favorable GAL recommendations
When This Applies
Applies when GAL conducts thorough investigation; distinguishable when GAL fails to interview key parties or analyze statutory factors
Statutes Cited
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