Parenting time schedule at time of judgment of dissolution (when child was age 3), where child was with father all morning and afternoon 3 weekdays, and alternating weekends; over a 2-week period, father had 5 overnights and mother had 9 overnights; father was designated as the custodial parent with majority parenting time. Two years later, father filed motion for modification of parenting time. After hearing, court modified parenting time and held father in indirect civil contempt for 2 instances of lapse in child's health insurance coverage. Modification changed parenting time to provide a 50/50 schedule where child would move between father's and mother's homes midweek and every other weekend. This schedule was not in child's best interest, given extensive evidence that parties have too much animosity to sufficiently cooperate. Parenting time order reversed as it pertains to "regular parenting time" and remanded for court to provide father with majority of parenting time. Contempt order vacated, as mother failed to meet her burden to support finding of indirect civil contempt. (McDADE, concurring; LYTTON, concurring in part and dissenting in part.)
Illinois Appellate Court
Civil Court
Visitation