In re Marriage of Smith

Illinois Appellate Court
Civil Court
Case Number: 
2013 IL App (5th) 130349
Decision Date: 
Monday, December 2, 2013
5th Dist.
Madison Co.
Reversed in part and affirmed in part; modified in part; remanded in part with directions.
(Court opinion corrected 12/4/13.) In dissolution proceeding, mother petitioned for temporary removal of parties' minor child to Ohio to accept career position, which court granted. Upon judgment, court denied mother's petition for permanent removal of child, and court entered two alternate rulings as to custody and visitation, depending on whether mother returned to Ilinois within 30 days. Court's ruling was arbitrary and against manifest weight of evidence, as forcing mother to choose between employment and primary custody is not in child's best interests. Case remanded on sole issue of visitation, to establish workable visitation schedule; and mother allowed to remain in Ohio and retain primary physical custody, with joint custody to both parents. (SPOMER and STEWART, concurring.)