In re Marriage of Virgin, 2021 IL App (3d) 190650

- Case citation and parties
In re Marriage of Virgin, 2021 IL App (3d) 190650 (3d Dist. May 5, 2021). Petitioner‑Appellee: Rachael Virgin n/k/a Rachael Ford. Respondent‑Appellant: Justin Virgin.

- Key legal issues
1) Whether the trial court abused its discretion in modifying the parenting‑time schedule.
2) Whether the trial court properly held the father in indirect civil contempt for alleged failures to provide/maintain health insurance and to submit claims to the carrier.

- Holding/outcome
The appellate court reversed in part and vacated in part, and remanded with directions. The court affirmed the trial court’s adjustment of the parenting schedule based on the record but vacated the contempt finding (and related monetary relief) for insufficient evidentiary support and procedural/legal shortcomings.

- Significant legal reasoning (summary)
- Modification of parenting time: The panel relied on substantial evidence that the child’s circumstances had materially changed since the dissolution (notably starting school, sleep problems, and the allocation of day‑to‑day caregiving), and that the modified schedule better served the child’s best interests. Key supporting evidence included the guardian ad litem’s detailed report and recommendations, therapist input on weekly counseling, documented behavioral/sleep issues, exposure to inappropriate media and problematic third‑party contacts in the mother’s home, and the father’s role in arranging medical and dental care. The court viewed these facts as a sufficient basis to adjust weekday/school‑year time to promote stability and sleep hygiene.
- Contempt: The appellate court found the contempt adjudication defective because the mother presented no documentary proof (insurance cancellation notices, premium invoices, or insurer communications) that the father failed to maintain coverage or willfully refused to submit claims. Civil contempt requires proof (by clear and convincing evidence) of a willful violation of a court order and (where relevant) the contemnor’s ability to comply. The trial court’s finding rested on insufficient and inconsistent evidence; therefore the contempt judgment (and attendant monetary orders) was vacated.

- Practice implications for family lawyers (concise)
- For modification petitions: tie alleged changes to the child’s concrete needs (school schedule, sleep/behavioral health, caregiving continuity) and develop a strong testimonial and documentary record (GAL, treating clinicians, school reports).
- For contempt petitions: plead with specificity and attach documentary proof (insurer notices, billing statements, cancelled‑coverage letters, proof of premium nonpayment, claim denials) and establish ability/willfulness to comply. Absent clear documentation, contempt findings are vulnerable on appeal.
- Use and preserve GAL and mental‑health testimony to support best‑interest findings; ensure the trial court makes explicit findings on substantial change and the factors supporting the parenting‑time modification.