In re Marriage of B.H.

Illinois Appellate Court
Civil Court
Citation
Case Number: 
2012 IL App (1st) 121105
Decision Date: 
October 3, 2012
District: 
1st Dist.
Division/County: 
Cook Co., 3d Div.
Justice: 
STEELE
Holding: 
Reversed and remanded.
Court erred in granting partial summary judgment and awarding sole custody of child to petitioner father, as record indicates that judge believed that triable issues of fact existed, and ordered a trial to determine whether physical custody of the child should be transferred to father, which improperly shifted burden of proof to mother to regain custody in a future trial. (SALONE and NEVILLE, concurring.)