In re Marriage of Sparks

Illinois Appellate Court
Civil Court
Paternity
Citation
Case Number: 
2018 IL App (1st) 180932
Decision Date: 
Friday, December 28, 2018
District: 
1st Dist.
Division/County: 
Cook Co., 1st Div,
Holding: 
Affirmed.
Justice: 
PIERCE

Court entered judgment of dissolution that incorporated parties' child custody settlement for a minor born to wife during marriage. Husband later filed petition to terminate his parent and child relationship with minor, and after trial court found husband's petition timely as it was filed within 2 years of his acquiring actual knowledge of relevant facts as to minor's parentage. Court then vacated all previously-entered orders as to custody, visitation, and support. Court's finding that wife fraudulently concealed from husband facts about who minor's father was is not against manifest weight of evidence. Six-month delay between when husband obtained actual knowledge and filing petition satisfied due diligence standard, given significance of decision to terminate child and parent relationship. (GRIFFIN and WALKER, concurring.)