In re Custody of R.W.

Illinois Appellate Court
Civil Court
Child Custody
Case Number: 
2018 IL App (5th) 170377
Decision Date: 
Wednesday, February 28, 2018
5th Dist.
St. Clair Co.
Affirmed and vacated.

Dispute over custody of 6-year-old child who had been cared for  most of her life by an uncle and Susan, an unrelated person. Court erred by entering an order finding parents unfit when no party alleged them to be unfit. Court did not err in awarding sole decision-making authority and majority of parenting time to Susan, as evidence supports that this is in child's best interests. Court did consider presumption of superior rights that flows from father's biological relationship to child, and found that Susan had overcome this presumption. (GOLDENHERSH and CATES, concurring.)