In re Marriage of Weston, 2025 IL App (5th) 231323-U
Parenting Restrictions Upheld Despite Mother's Appeal
Illinois appellate court affirmed trial court's allocation of majority parenting time to father and plenary order of protection restricting mother's access. Court applied manifest weight of evidence standard, finding substantial support from child testimony, GAL reports, and substance abuse evidence. Practitioners must build robust evidentiary records.
Facts
Brittani and Chad Weston divorced with disputes over parenting time allocation and protective orders. The trial court awarded majority parenting time to father and entered a plenary order of protection severely restricting mother's access. Mother appealed both decisions to the Fifth District.
Issue
Whether the trial court's parenting time allocation to father and plenary order of protection restricting mother were against the manifest weight of evidence.
Holding
The Fifth District affirmed both orders, finding sufficient evidentiary support. The court emphasized deference to trial court credibility determinations and factual findings when supported by substantial evidence from multiple sources.
Key Reasoning
- Manifest weight standard requires deference to trial court's credibility assessments and factual determinations
- Evidence included in-camera child interview describing safety concerns, documented substance abuse history, and dangerous home conditions
- Guardian ad litem report supported father's custody and documented mother's lack of cooperation
- Temporary orders with supervised visitation and drug testing buttressed safety findings
Practical Impact
For Petitioners
Build comprehensive evidentiary record with GAL reports, child testimony, medical records, and corroborating witnesses to support custody modifications
For Respondents
Challenge credibility and highlight evidentiary gaps at trial level since appellate review is highly deferential to trial court findings
When This Applies
Applies when substantial evidence supports safety concerns; less relevant in cases lacking documented substance abuse or child testimony
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