Haywood v. Johnson , 2024 IL App (5th) 230660-U ( 2024 )

NOTICE 2024 IL App (5th) 230660-UNOTICE
Decision filed 02/02/24. The
This order was filed under
text of this decision may be NO. 5-23-0660
Supreme Court Rule 23 and is
changed or corrected prior to
not precedent except in the
the filing of a Petition for
IN THE limited circumstances allowed
Rehearing or the disposition of
under Rule 23(e)(1).
the same.
APPELLATE COURT OF ILLINOIS
FIFTH DISTRICT
______________________________________________________________________________
CHRISTINA HAYWOOD, ) Appeal from the
) Circuit Court of
Petitioner-Appellant, ) Champaign County.
)
v. ) No. 13-F-556
)
WALTER JOHNSON, ) Honorable
) Ramona Sullivan,
Respondent-Appellee. ) Judge, presiding.
______________________________________________________________________________
JUSTICE WELCH delivered the judgment of the court.
Justices Cates and Moore concurred in the judgment.
ORDER
¶1 Held: The trial court’s allocation of parental decision-making authority and
parenting time was not against the manifest weight of the evidence where the
record revealed that the court considered the relevant best-interest factors and
the evidence presented on those factors.
¶2 The petitioner, Christina Haywood, appeals from the trial court’s allocation of sole parental
decision-making responsibilities for education and healthcare and the majority of parenting time
of the parties’ minor child, Myanna J., to the respondent, Walter Johnson. In her pro se appellate
brief, Christina contends that the trial court failed to consider, when determining Myanna’s best
interests, Myanna’s wishes, Christina’s dedication to Myanna’s overall development as evidenced
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by her active participation in Myanna’s schooling, and her concerns about Myanna’s cleanliness
and wellbeing while in Walter’s care. For the reasons that follow, we affirm. 1
¶3 I. BACKGROUND
¶4 The parties had one child, Myanna, born on September 13, 2013; the parties never married.
Christina was Myanna’s primary caregiver until 2019, when Myanna was removed from her care
and placed in foster care. In January 2022, Myanna was placed in Walter’s home. On July 21,
2022, Walter was awarded custody of Myanna in the juvenile court case (Cook County case No.
19-JA-834). On August 26, 2022, Christina filed a pro se petition for allocation of parental
responsibilities, in which she requested that significant decision-making authority and parenting
time be allocated equally between the parties. In the petition, she indicated that Myanna was
currently living with Walter and had resided there since January 14, 2022; and that the July 21,
2022, order in the juvenile court case allocated parental decision-making authority to him but did
not allocate parenting time between the parties. After that, Walter refused to communicate with
Christina about Myanna, and Christina had not seen Myanna since July 16, 2022.
¶5 On December 19, 2022, Walter pro se filed a proposed parenting plan, which attached a
letter from him in which he expressed his concerns about Christina having unsupervised overnight
visits with Myanna as, over the past 3½ years, Christina had not had more than two hours of
supervised visits with Myanna. He indicated that, since the juvenile case closed, Myanna was
1
We note that the respondent has failed to file an appellee’s brief. There are three distinct,
discretionary options a reviewing court may exercise in the absence of an appellee’s brief: (1) it may serve
as an advocate for the appellee and decide the case when the court determines justice so requires, (2) it may
decide the merits of the case if the record is simple and the issues can be easily decided without the aid of
the appellee’s brief, or (3) it may reverse the trial court when the appellant’s brief demonstrates prima facie
reversible error that is supported by the record. Thomas v. Koe, 395 Ill. App. 3d 570, 577 (2009). In this
case, the record is simple, and the claimed errors are such that we can easily decide them without the aid of
the appellee’s brief.
2
emotional and confused, and she was no longer in services to help her process her feelings. Myanna
was acting out, which led to chaos at home and school, and she was suspended five times at school
since August. Myanna wanted to live with Christina, and she believed that if she misbehaved,
Walter would eventually send her to live with Christina.
¶6 Walter permitted Christina to have a visit with Myanna after the juvenile case closed, but,
during that time, she questioned Myanna about his home, his parenting, and his other children.
Christina then made false allegations to the Illinois Department of Children and Family Services
(DCFS) and false police reports about him, stalked his home, unexpectedly showed up at Myanna’s
school, relentlessly called him, and verbally attacked him. He noted that Christina’s behavior was
witnessed by Myanna and his other children.
¶7 Walter requested that Christina only have supervised visits until it was deemed safe by a
counselor for Myanna to stay overnight in Christina’s home. He also requested that Christina and
Myanna engage in counseling to determine whether Christina could provide a safe environment
for Myanna and address the reasons why Myanna was initially placed into care. On February 6,
2023, the trial court entered a temporary order regarding parenting time, in which it allocated the
majority of parenting time to Walter but allocated in-person parenting time to Christina on
alternating Sundays from 11 a.m. to 3 p.m. and electronic parenting time on Mondays at 5 p.m.
On April 20, 2023, the court entered an order appointing a guardian ad litem (GAL) for Myanna.
¶8 On June 26, 2023, the GAL filed a report after interviewing Christina, Walter, Desirii
Johnson (Walter’s wife), Christina’s previous daycare provider, Christina’s counselor, and
Myanna. The report indicated that Myanna was removed from Christina’s residence in July 2019
because Christina left her alone over night at home while at work. Myanna was then in foster care
for more than two years. While in care, Myanna experienced several disrupted placements
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including one where she experienced trauma. In January 2022, she transitioned from her foster
care home to Walter’s home.
¶9 Because there were concerns about Myanna’s successful integration into Walter’s home,
family counseling was initiated to support and prepare Walter, Desirii, and their children. In the
family counselor’s July 15, 2022, report, the counselor noted that Walter made sure that Myanna
was available for counseling sessions, was engaged in skill instruction, and practiced those skills
in between sessions. The counselor also noted that Walter and Desirii were open to discussions
about future visitation plans and ways to support a continued relationship between Myanna and
Christina. The counselor opined that Walter and Desirii were fully equipped to support and
reinforce Myanna’s continued social and emotional development and full integration into their
blended household. She indicated that they were knowledgeable about the possible warning signs
of declining mental health and ways to reenlist treatment for Myanna should the need arise.
¶ 10 The counselor noted that, although Myanna questioned why she could not return to
Chrstina’s home, Myanna had a strong bond with Walter. Myanna’s violent play themes that were
previously observed had dissipated, her play and interaction skills had been more in line with age
level expectations, and her ability to discuss her feelings on difficult situations had improved.
However, Myanna had been suspended 12 times from school for physical confrontations with
students, throwing food at students, pulling the fire alarm, hitting a teacher, disruptive behavior,
and theft of her teacher’s cell phone. The counselor indicated that Myanna required consistency,
structure, explicit support of her relationship with Christina, and a preplanned visitation
arrangement with Christina.
¶ 11 The GAL report then indicated that Christina lived in a two-bedroom trailer in Blue Island,
Illinois, and she was employed at Ingalls Hospital. She owned a four-bedroom home in Matteson,
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Illinois, and she would move there when her other children were returned to her care; she had three
other children, ages 16, 7, and 2. Christina acknowledged that she left her children home alone
several times while she was at work. However, she explained that she made a meal schedule for
each of them, had a care plan inside the home, and a neighbor checked on them; her oldest child
was 12 at the time. The children were removed from her care after someone observed them walking
alone on a main street. She indicated that she had accepted responsibility for this incident and had
been in counseling since 2019. She also acknowledged that, in 2016, there were allegations of
physical abuse toward her oldest child, which resulted in a founded report from DCFS.
¶ 12 Christina also indicated that Myanna was not initially placed with Walter because he had
only sporadically seen Myanna prior to the juvenile case. She expressed concern that Myanna was
not being properly cared for in Walter’s home, claiming that Myanna’s clothing was too small and
damaged, and there were issues with Myanna’s personal hygiene. Christina noted that, when
Myanna was at school, she acted out and called her at every opportunity. Myanna’s grades were
good when DCFS was involved, but her grades dropped after the juvenile case was closed.
Christina reported a recent incident where Myanna ran away from home and called her. Christina
indicated that Myanna wanted to live with her, and she had a care plan for Myanna when at work.
¶ 13 Walter indicated that he was married to Desirii, they resided in a two-bedroom apartment
in Champaign, and they had three children together. They planned to move into a four-bedroom
home where all of the children would have their own room. He also had two other children, and
he had parenting time with those children. Myanna was nine years old and had recently completed
third grade. She struggled with reading and was in the literacy enrichment program to assist with
that. She had 12 two-day suspensions during the last school year, and her schoolwork had been
impacted by her numerous suspensions. Walter noted that, almost every time following a Sunday
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visit with Christina, Myanna would get suspended from school. Walter acknowledged that Myanna
liked seeing Christina and wanted to spend more time with her. He and Christina’s communication
was negative and not healthy. He believed that, once he obtained custody of Myanna, Christina
viewed him as her enemy. During one of Christina’s visits, Christina took Myanna to the
emergency room because of bruises on her leg, and Myanna told the doctor that Walter had hit
her. The doctor called DCFS, but the DCFS investigation was unfounded. Christina also called
DCFS to report that there was no food in Walter’s house, but that investigation was also unfounded.
¶ 14 Walter indicated that his relationship with Myanna had improved, but there was still room
for improvement. He noted that he was the bad guy in Myanna’s eyes because he would not always
let her get her way. Myanna recently started attending counseling, and Walter noted that her
behavior had previously improved with counseling, so he believed that counseling would again
help her.
¶ 15 Desirii had a master’s degree in social work and was employed at Neighborhood
Connection Center in Urbana. Desirii noted that Myanna initially did well when placed in their
house; Myanna was in counseling and had regular visits with Christina. However, Myanna started
having issues when the juvenile case was closed because all services and regular parenting time
with Christina stopped. Myanna recently started counseling again, and Desirii believed that would
help Myanna. Myanna was also scheduled for a mental health assessment and mental health
services. Desirii indicated that Myanna had difficulty expressing her emotions, she became very
upset when she did not get her way, and she did well with routines and schedules. Desirii noted
that parenting time with Christina was difficult because Christina would do anything to get
Myanna back; Desirii believed that Christina called DCFS to sabotage Myanna’s placement with
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Walter. Desirii indicated that most of Myanna’s issues at school were behavioral and that Myanna
had issues with reading but was progressing.
¶ 16 Treshawnda Junius, Christina’s former daycare provider, indicated that she had known
Christina for several years. Junius noted that Christina had a special relationship with Myanna,
Myanna adored Christina and missed the interaction with her, Myanna always felt comfortable
going to Christina, and Myanna and Christina would do “girl things” together.
¶ 17 Brenda Hill, Christina’s counselor, indicated that Christina was progressing in counseling,
and, at the next permanency hearing, she was going to recommend that Christina’s other children
be returned to Christina’s home.
¶ 18 During Myanna’s interview, Myanna was initially shy and wanted Walter to come with
her. She appeared bonded with him. She stated that she liked being at Walter’s home but indicated
that she wanted to spend more time with Christina and her siblings.
¶ 19 After the interviews and analyzing the relevant best-interest factors, the GAL
recommended that Walter be allocated significant decision-making authority and the majority of
the parenting time. In making the recommendation on significant decision-making authority, the
GAL noted that Walter had been the sole decision maker since he obtained custody of Myanna in
January 2022, he demonstrated the ability to act in her best interests, he sought intervention when
necessary, and there should be no joint decision-making as the parties had difficulty
communicating. The GAL indicated that Christina seemed to believe everything that Myanna told
her and called DCFS on Walter to sabotage Myanna’s placement with him. She took Myanna to
the emergency room when she observed bruising on Myanna’s leg rather than contact Walter to
discuss the nature of the bruising.
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¶ 20 In recommending that Walter be allocated the majority of parenting time, the GAL found
that Walter provided the stability and structure that Myanna needed, and he had stable employment
and housing. The GAL noted that the family moving to a four-bedroom home would give everyone
more space and potentially help Myanna’s behavior. Although Myanna had significant behavioral
issues at school, Walter addressed those issues through counseling and mental health services. He
also sought help with her reading skills by enrolling her in a literacy program. The GAL noted that
Myanna experienced the loss of Christina, who had been her primary caretaker, at a young age and
was also separated from her young siblings, whom she had lived with her entire life. Thus, the
GAL opined that increasing Christina’s parenting time would help with Myanna’s behavioral
issues.
¶ 21 On August 9, 2023, the trial court held a hearing, at which both parties appeared pro se,
and the following evidence was presented. Brenda testified that, since December 2022, Christina
was regularly engaged in counseling and attended a one-hour session every week. Brenda noted
that, in that time, Christina was doing a wonderful job, had considerably improved, and had shown
that her approach to parenting was wonderful. Brenda indicated that Christina demonstrated that
she was capable of proper parenting by showing that she could properly discipline; that she was
able to care, love, and nurture her children; and that she was capable of providing a stable home.
Christina’s testing results were fine, and Brenda had no concerns about Christina’s ability to
parent. Brenda noted that they discussed the reasons why Christina’s children were placed into
care, and Brenda was satisfied that Christina understood that the decisions she made that day were
wrong and that she would not make that same decision again. Brenda also indicated that Christina
completed parenting classes, and Brenda was satisfied that Christina was able to meet the
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requirements for parenting all of her children. Brenda noted that if Myanna was returned to
Christina, Myanna would be included in the counseling sessions.
¶ 22 Beverly Hill testified that she provided childcare services for Myanna from 2018 until 2019
or 2020 through Illinois Action for Children. During that time, Beverly observed that Myanna was
well cared for, Christina loved and nurtured her, Myanna was always properly dressed, and
Christina attended Myanna’s school events. Beverly described Myanna as really smart and
indicated that Myanna was on the honor roll, and she did not have any bad behaviors. Beverly
noted that if Myanna was returned to Christina, she would provide childcare services for Myanna.
Although Christina gave Beverly’s contact information to the GAL, the GAL never contacted
Beverly.
¶ 23 Tierra Haywood, Christina’s sister, testified that she had custody of Myanna for
approximately one year after Myanna was placed in care. During that time, Christina had visits
with Myanna, the visits went well, Myanna was always happy to see Christina, and Myanna was
comfortable around Christina. Tierra did not have any concerns about Christina being around
Myanna, and she was always comfortable giving Christina more time with Myanna. Christina
bought them extra food and provided Myanna with clothing and items for school. Walter never
visited Myanna during that time or reached out to provide financial support. There were no
academic concerns with Myanna during that time. Tierra indicated that if Myanna was returned to
Christina, she would have a great support system.
¶ 24 Junius testified that she had known Christina for several years, and she had previously
provided childcare services for Myanna. Junius noted that she cared for Myanna when Myanna
was a baby until Myanna was approximately three years old. During that time, Myanna was always
cared for and well maintained, she was always healthy, and she was happy. Junius described the
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relationship between Myanna and Christina as really healthy. Junius observed Christina assisting
Myanna with her homework, talking and playing with her, and doing her hair and nails. Although
Walter provided childcare for Myanna during this time and also provided financial support, Walter
was not consistently providing hands-on care for her. Junius never had contact with Walter.
¶ 25 Junius also observed video visits between Myanna and Christina while Myanna was at
Walter’s home. During one visit, Myanna cried almost the entire time and was very unhappy
because Walter was mocking her and would not leave the room so she could talk to Christina.
Junius noted that Myanna was very uncomfortable, was not free with her words, and was not acting
like herself. Junius observed a difference in Myanna’s behavior when she was permitted to talk to
Christina without Walter in the room; Junius noted that Myanna was very free, she showed
Christina her toys, and she talked with Christina about what was going on and what she wanted to
do once she was returned to Christina. Myanna expressed that, although she wanted to maintain a
relationship with Walter, she did not want to live with him and was hopeful that she would return
to Christina’s home. During those visits, Junius noticed that Myanna’s hair was usually not
combed, and her clothing was either too small or stained. There were some occasions where
Myanna was not wearing deodorant and one occasion where she was not wearing underwear.
¶ 26 Junius observed that Myanna was very opinionated, outspoken, and bright. Christina and
Myanna had a very strong bond and a good relationship, Myanna was comfortable having difficult
conversations with Christina, and Myanna felt free with Christina. Junius believed that if Myanna
was returned to Christina, Myanna would have a better and more stable support system than she
had before. Junius noted that Christina diligently worked to correct her past mistakes with her
children, and she had shown great strength in doing what was required of her and getting the help
she needed. Junius believed that Christina was willing and able to take on the responsibility of
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having the children back in her care full-time. Junius would be available if Christina needed
childcare for Myanna. Junius opined that Myanna was desperately looking for a sense of normalcy,
and Myanna wanted to be where she felt the most comfortable, which was with Christina. Junius
noted that, although the love Myanna had for Walter was very strong, she would thrive if she was
returned to Christina. Junius indicated that she had no concerns about Myanna being in her home
with her children because Myanna had always been very good and respectful.
¶ 27 Christina testified that Myanna was currently nine years old. After Walter was granted
custody of Myanna, Christina contacted him several times to schedule visits, but she did not
receive any visits until the trial court entered an order establishing a parenting time schedule. Since
then, she had been consistent with visits and had even requested additional visits, which Walter
denied. During the February 26, 2023, visit, Christina observed bruising on Myanna’s leg.
Christina asked Myanna about the bruising, and Myanna said that Walter whipped her with a belt.
Christina then took Myanna to the hospital where the nurse did a full body scan and discovered
multiple bruises on Myanna’s body. The hospital took images of the bruising and contacted DCFS
because Myanna had told the nurse that Walter whipped her with a belt.
¶ 28 Christina indicated that she had previously contacted Walter about Myanna’s hygiene
issues and Myanna not wearing underwear. Walter responded that he did not dress Myanna, and
Myanna knew better. She also reached out to him when she discovered that Myanna was not doing
well in school, but Walter responded that he did not need to communicate with her and that he
would see her in court. Christina indicated that she was unable to speak with Myanna’s school
because Walter’s wife had obtained an order of protection against her, but Walter never told the
school that the order was ultimately dismissed. Christina indicated that she completed all DCFS
recommended services, including parenting classes; she agreed to continue individual and family
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therapy; and she recently completed a refresher course to learn how to communicate with Walter
more effectively.
¶ 29 Walter testified that Myanna lived with him, and he believed that it was in her best interests
for her to continue residing with him and for Christina to have parenting time with her. Myanna
was entering fourth grade, and she was suspended 13 times the previous year. However, Myanna
was on a waiting list for counseling. He explained that he stopped scheduling parenting time
between Christina and Myanna because Christina came to his house and was beating on his door
and window. Desirii subsequently obtained an order of protection against Christina. He also
explained that he canceled her August 13, 2022, visit because she was calling him and cussing him
out, and he did not want to be around that behavior.
¶ 30 After hearing the testimony, the trial court entered a written judgment of allocation of
parental responsibilities, allocating sole decision-making authority for education and healthcare to
Walter, joint decision-making authority for religion and extracurricular activities to the parties,
and the majority of the parenting time to Walter. In analyzing the relevant best-interest factors for
the decision-making authority allocation, the court made the following findings. Myanna’s wishes
were unknown. Although she had difficulty adjusting to Walter’s home and had struggled in
school, she experienced several foster placements since her removal from Christina’s house and,
since Walter was granted custody in January 2022, has had a safe and stable home environment.
She had not been in Christina’s care for four years. When the juvenile case closed, and Walter was
awarded custody of Myanna without any parenting time provisions for Christina, he was hesitant
to include Christina in decision making. He testified that Christina “cussed at him” and appeared
at his home “beating on the door and windows.” His wife obtained an emergency stalking no
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contact order against Christina. Thus, the court found that the parties had not demonstrated an
ability to share decision making.
¶ 31 The trial court noted that Christina was responsible for the decision making from Myanna’s
birth until her removal, but Walter had been responsible for the past 19 months. Myanna needed
two parents who were actively involved in her life and were interested in her welfare, and both
parents needed to be informed about and participate in significant decision making. Both parties
lived in Illinois, but they did not live in the same community; Walter lived in Champaign while
Christina lived in Blue Island. As soon as Christina was permitted parenting time with Myanna,
she took Myanna to the emergency room for bruising, and DCFS was subsequently called. The
trial court found that this effort to interfere with Myanna’s placement with Walter, particularly in
light of the lengthy and traumatic experience that Myanna had already endured in foster care,
demonstrated Christina’s unwillingness or inability to support Myanna’s relationship with Walter.
The court noted that, once a court order was in effect, Walter fully cooperated with providing
parenting time for Christina. The court found that his reluctance to voluntarily agree to parenting
time without a court order was understandable under the circumstances.
¶ 32 Based on the above, the court found that it was in Myanna’s best interests for Walter to be
allocated sole decision-making authority for education and healthcare. The court noted that the
distance and conflict between the parties prevented joint decision making at this time, and Walter
was better able to meet Myanna’s needs. The court then allocated joint decision-making authority
for religion and extracurricular activities to the parties, finding that the parties had an ability to
communicate and work together on those issues.
¶ 33 In analyzing the relevant best-interest factors for the parenting time allocation, the trial
court made the following findings. Each parent wanted the majority of parenting time and wanted
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the other party to have unsupervised periods of parenting time. According to the testimony,
Myanna wished to spend more time with Christina. It had been 4 years since Myanna was in
Christina’s physical custody, and Walter had performed the caretaking functions for the past 19
months. Prior to the juvenile case, the course of conduct demonstrated that Christina was Myanna’s
primary caretaker. Myanna had bonds with other siblings in both homes. Neither party sought a
restriction on parenting time.
¶ 34 The trial court found that Walter placed Myanna’s needs first, he remained committed to
providing a safe and stable home for her, he supported her education, and he met her needs.
Christina loved Myanna very much and had made great progress in recognizing the issues that
caused Myanna’s removal from her home and working to correct those issues. Christina
thoughtfully investigated and established care plans for her children so that they would have
appropriate supervision. She also remained committed to offering a safe and stable home for
Myanna. The court noted that both parents clearly loved Myanna, and Myanna was very fortunate
to have a strong bond and loving relationship with each of them. Thus, the court found that it was
important for Myanna to enjoy substantial time with each parent. Based on the above, the court
found that it was in Myanna’s best interests for both parties to have substantial parenting time, but
that Walter be allocated the majority of the parenting time and be designated the custodial and
residential parent for school and government purposes. The court then established a parenting time
schedule for Christina. Christina appeals.
¶ 35 II. ANALYSIS
¶ 36 Christina contends that the trial court’s allocations of decision-making authority and
parenting time were against the manifest weight of the evidence. Specifically, she contends that
the trial court failed to consider Myanna’s wishes, her dedication to Myanna’s overall development
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as evidenced by her active participation in Myanna’s schooling, and her concerns about Myanna’s
cleanliness and wellbeing while in Walter’s care.
¶ 37 Under section 602.5(a) of the Illinois Marriage and Dissolution of Marriage Act (Act), the
trial court must allocate parental decision-making responsibilities according to the child’s best
interests. 750 ILCS 5/602.5(a) (West 2022). In determining the child’s best interests for allocation
of decision-making responsibilities, the court must consider all relevant factors, including: (1) the
child’s wishes; (2) the child’s adjustment to his or her home, school, and community; (3) the
mental and physical health of all individuals involved; (4) the ability of the parents to cooperate to
make decisions, or the level of conflict between the parties that may affect their ability to share
decision-making; (5) the level of each parent’s participation in past significant decision-making
with respect to the child; (6) any prior agreement or course of conduct between the parents relating
to decision-making with respect to the child; (7) the parents’ wishes; (8) the child’s needs; (9) the
distance between the parents’ residences, the cost and difficulty of transporting the child, each
parent’s and the child’s daily schedules, and the ability of the parents to cooperate in the
arrangement; (10) whether a restriction on decision-making is appropriate; (11) the willingness
and ability of each parent to facilitate and encourage a close and continuing relationship between
the other parent and the child; (12) the physical violence or threat of physical violence by the
child’s parent directed against the child; (13) the occurrence of abuse against the child or other
member of the child’s household; (14) whether one of the parents is a sex offender; and (15) any
other factor that the court expressly finds to be relevant. Id. § 602.5(c).
¶ 38 Section 602.7(a) of the Act also instructs that the trial court must allocate parenting time
according to the child’s best interests. Id. § 602.7(a). In arriving at that decision, the court must
consider all relevant factors, including: (1) the wishes of each parent seeking parenting time;
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(2) the child’s wishes; (3) the amount of time each parent spent performing caretaking functions
with respect to the child in the 24 months preceding the filing of any petition for allocation of
parental responsibilities or, if the child is under two years of age, since the child’s birth; (4) any
prior agreement or course of conduct between the parents relating to caretaking functions with
respect to the child; (5) the interaction and interrelationship of the child with his or her parents and
siblings and with any other person who may significantly affect the child’s best interests; (6) the
child’s adjustment to his or her home, school, and community; (7) the mental and physical health
of all individuals involved; (8) the child’s needs; (9) the distance between the parents’ residences,
the cost and difficulty of transporting the child, each parent’s and the child’s daily schedules, and
the ability of the parents to cooperate in the arrangement; (10) whether a restriction on parenting
time is appropriate; (11) the physical violence or threat of physical violence by the child’s parent
directed against the child or other member of the child’s household; (12) the willingness and ability
of each parent to place the needs of the child ahead of his or her own needs; (13) the willingness
and ability of each parent to facilitate and encourage a close and continuing relationship between
the other parent and the child; (14) the occurrence of abuse against the child or other member of
the child’s household; (15) whether one of the parents is a convicted sex offender or lives with a
convicted sex offender; (16) the terms of a parent’s military family-care plan that a parent must
complete before deployment if a parent is a member of the United States Armed Forces who is
being deployed; and (17) any other factor that the court expressly finds to be relevant. Id.
§ 602.7(b).
¶ 39 The trial court’s best-interest determinations are entitled to great deference because the
court is in the superior position to observe the proceedings and assess the credibility of the
witnesses. In re Marriage of Whitehead, 2018 IL App (5th) 170380, ¶ 21. A trial court’s
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determination regarding a child’s best interests will not be reversed on appeal unless the decision
is against the manifest weight of the evidence, and it appears that a manifest injustice has occurred.
In re P.D., 2017 IL App (2d) 170355, ¶ 18. A decision is against the manifest weight of the
evidence when the opposite result is clearly evident from the record. In re Marriage of Betsy M.,
2015 IL App (1st) 151358, ¶ 61.
¶ 40 As a reviewing court, we may not reweigh the evidence, assess witness credibility, or set
aside the trial court’s decision simply because a different conclusion could have been drawn from
the evidence. See Jameson v. Williams, 2020 IL App (3d) 200048, ¶ 51 (“It is well settled that a
reviewing court’s function is not to reweigh the evidence or assess witness credibility and set aside
the circuit court’s decision simply because a different conclusion may have been drawn from the
evidence.”). Christina’s arguments are essentially asking this court to reweigh the evidence, which
we will not do. The record reveals that, in reaching its decisions on parental decision-making
authority and parenting time, the trial court thoughtfully considered and evaluated the relevant
statutory best-interest factors and the evidence presented on the various factors, including the
evidence presented about Christina’s concerns about Myanna’s wellbeing and cleanliness while in
Walter’s care, the close relationship and strong bond between Christina and Myanna, Myanna
expressing to Christina that she wanted to return to Christina’s home, and Christina’s dedication
to Myanna. Because we find that the trial court’s findings were supported by the record and were
not against the manifest weight of the evidence, we affirm the court’s rulings on decision-making
authority and parenting time.
¶ 41 III. CONCLUSION
¶ 42 For the foregoing reasons, the judgment of the circuit court of Champaign County is hereby
affirmed.
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¶ 43 Affirmed.
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