In re Marriage of Webb , 2024 IL App (5th) 220686-U ( 2024 )


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    2024 IL App (5th) 220686-U
    NOTICE
    NOTICE
    Decision filed 02/07/24. The
    This order was filed under
    text of this decision may be                 NO. 5-22-0686
    Supreme Court Rule 23 and is
    changed or corrected prior to
    the filing of a Petition for                                                        not precedent except in the
    Rehearing or the disposition of
    IN THE                             limited circumstances allowed
    the same.                                                                           under Rule 23(e)(1).
    APPELLATE COURT OF ILLINOIS
    FIFTH DISTRICT
    ______________________________________________________________________________
    In re MARRIAGE OF                         )     Appeal from the
    )     Circuit Court of
    LUCAS C. WEBB,                            )     Johnson County.
    )
    Petitioner-Appellant,               )
    )
    and                                       )     No. 20-D-33
    )
    KYLA E. WEBB,                             )     Honorable
    )     Cord Z. Wittig,
    Respondent-Appellee.                )     Judge, presiding.
    ______________________________________________________________________________
    JUSTICE WELCH delivered the judgment of the court.
    Justices Boie and McHaney concurred in the judgment.
    ORDER
    ¶1       Held: The trial court’s denial of the petitioner’s petition to modify the allocation of
    significant parental decision-making authority and parenting time with regard to
    the parties’ youngest child was not against the manifest weight of the evidence.
    ¶2       The petitioner, Lucas W., appeals the October 7, 2022, order of the circuit court of Johnson
    County denying, in part, his petition to modify the court’s November 17, 2020, allocation of
    parental responsibilities and parenting time regarding the parties’ minor child, Vera W. For the
    following reasons, we affirm.1
    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
    1
    ¶3                                      I. BACKGROUND
    ¶4      The petitioner and the respondent, Kyla W., were married on October 14, 2006, and had
    three children, Vada W., born May 1, 2007; Deacon W., born January 16, 2010; and Vera W., born
    August 21, 2016. On November 17, 2020, the trial court entered a judgment of dissolution of
    marriage, which incorporated the parties’ agreed judgment of allocation of parental responsibilities
    and parenting time. According to the agreed judgment, the parties were allocated joint significant
    decision-making authority, and the respondent was designated the parent with the majority of the
    parenting time. However, since the petitioner was awarded and remained in the marital residence
    in Johnson County, the petitioner’s residence was designated the primary residence of the minor
    children for school registration purposes.
    ¶5      On September 3, 2021, the petitioner filed a petition to modify parental responsibilities,
    alleging that there had been a substantial change in circumstances in that Vada and Deacon resided
    with him full-time due to verbal and/or physical abuse they suffered from the respondent’s
    boyfriend, Bryce Gibson. The petitioner indicated an order of protection was entered against
    Gibson after an incident where Gibson allegedly called Deacon derogatory names and also grabbed
    Deacon by the arm and threw him on the bed, causing bruising on his arm. Thus, the petitioner
    requested that the respondent’s parenting time be restricted and that the minor children reside with
    him full-time. That same day, the petitioner filed an emergency petition to modify, requesting that
    the minor children be allowed to fully reside with him until the matter was resolved.
    ¶6      Before the August 2022 hearing on the petition to modify, the trial court conducted an in
    camera interview of Vada and Deacon outside the presence of the parties. Subsequently, at the
    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
    hearing, the following testimony was presented by the parties. Rhonda Carlton, Deacon’s sixth
    grade homeroom teacher at Ewing Northern Grade School, testified that, since Deacon began
    attending school there in late September 2021 or early October 2021, his grades had improved,
    and the petitioner assisted with that. She also noticed that his interactions with the other students
    had improved. He was initially nervous being at a new school, but he eventually became a class
    leader and was very well behaved and respected by his peers. She had no conversations with the
    respondent about Deacon. However, she acknowledged that she did not witness anything unusual
    in Deacon’s behavior and that it was not uncommon for new students to be nervous and have initial
    issues adjusting to a new school.
    ¶7     Jeri Miller, the principal at the Goreville school, testified that, in the fall of 2021, Deacon
    approached her and told her that the respondent was coming to pick him up from school, and he
    did not want to go with her. He then asked Miller to call the petitioner, which she did. He did not
    leave with the respondent that day, and shortly thereafter, he stopped attending school there.
    ¶8     The petitioner testified that he has lived in Whittington, Illinois, for 1 to 1½ years, and he
    was to married Chelsea W. His wife, Vada, and Deacon lived with him, and Vera spent
    considerable time there. Vada was 15 years old and was a sophomore at Benton High School. She
    had been living with him full-time since March 2021 after she made allegations of abuse against
    the respondent. The petitioner explained that the Illinois Department of Children and Family
    Services (DCFS) became involved in the matter, and he was told that it would be in Vada’s best
    interests to live with him. Since then, the respondent had not contacted him about having parenting
    time with Vada or inquired about her wellbeing. Vada felt some resentment toward the respondent
    and had sent some inappropriate text messages to the respondent after learning that the respondent
    3
    was having a baby with Gibson. However, the petitioner punished her and explained that her
    language in the messages was inappropriate.
    ¶9     Deacon was 12 years old and was in seventh grade at Ewing grade school. Deacon came
    to live with the petitioner in the fall of 2021 after an incident that occurred at the respondent’s
    house. The petitioner explained that, that day, Deacon was very upset and had bruising on his arm
    that looked like a handprint, so they reported it to the police department. Subsequently, Deacon
    moved in with him. Although DCFS was involved, the petitioner did not inquire as to whether they
    made any findings of abuse or neglect related to the incident. He acknowledged that the photograph
    taken of the bruising on Deacon’s arm did not show a handprint. However, he explained that the
    photograph was in black and white, so it was not visible. After the incident, the respondent did not
    contact him about Deacon until January 2022. The petitioner noted that Deacon received Ds and
    Fs at his previous school, but after Deacon was enrolled in his new school, the petitioner worked
    with him and the school to improve his grades.
    ¶ 10   Vera was five years old, and the petitioner exercised his parenting time with her; the parties
    had equal parenting time. She was very close to Vada and Deacon, and she saw them when she
    was at the petitioner’s house. The petitioner noticed that Vera became very anxious and
    occasionally acted out when it was time to return to the respondent’s house; she only exhibited
    this behavior when it was time for her to return to the respondent’s house. Vera attended
    kindergarten in Goreville. She had trouble with reading, but once the petitioner became aware of
    this, he had discussions with her teacher, and they ultimately obtained assistance for her. The
    respondent never told him that Vera was struggling with reading.
    ¶ 11   Although the petitioner’s residence was designated as the children’s primary residence for
    school purposes, he did not change Vera’s school when he moved to Whittington because it was
    4
    the middle of the school year. However, since he believed that, under the parenting plan, Vera’s
    school was based on his address, he registered her for school in Ewing for fall of 2022. He texted
    the respondent about changing Vera’s school but acknowledged that he did not have the
    respondent’s consent before registering Vera in the Ewing school district. He also acknowledged
    that, at the time the parenting plan was entered into, he lived in Johnson County and then
    subsequently moved to Whittington in March 2021. Vera was enrolled in the Goreville school
    district in August 2021, he did not object to her attending school there at that time, and she attended
    school in Goreville for the entirety of the 2021-22 school year.
    ¶ 12   The petitioner testified that he was concerned about Vera remaining in the respondent’s
    home because of Gibson. Vada and Deacon were also concerned, and they were very protective of
    Vera. He noted that, when Vera discussed Gibson, she became upset. Consequently, he requested
    that the trial court modify the parenting plan so that she primarily resided with him.
    ¶ 13   The petitioner was employed as a nurse practitioner at Herrin Hospital and worked
    Monday, Tuesday, and every other weekend. However, his schedule was flexible and could be
    altered if necessary. His wife was employed at Benton Hospital, Vera had a very good relationship
    with her, and they got along very well. His children had a relationship with his extended family
    who lived close by; one of his sisters and his mother lived in McLeansboro. They were available
    to transport Vera from school if he was working.
    ¶ 14   The petitioner testified that, on multiple occasions, he attempted to have discussions with
    the respondent about his concerns regarding Gibson. However, she was unwilling to talk to him
    about it. He also tried to have conversations with her about the children’s school and other things,
    but she would not respond to his text messages. He never made negative comments about the
    respondent to the children.
    5
    ¶ 15   The respondent testified that she lived in Goreville and was employed by the Illinois Youth
    Center (IYC) Harrisburg. Gibson was her boyfriend, and he did not live with her, but they were
    having a child together. He occasionally stayed the night at her house while Vera was present. He
    had a house in Carterville, and, if they decided to live together, they would live there. However,
    they had not yet made that decision. He was employed as the warden of programs at the IYC
    Harrisburg. He did not have a criminal history and was not violent toward her.
    ¶ 16   After an incident in the spring of 2021, the respondent agreed to allow Vada to stay with
    the petitioner to give them some space; she explained that Vada was being very defiant. Although
    she believed that Vada would return, Vada never did. The respondent consented to Vada
    continuing to reside with the petitioner because she believed that forcing Vada to return would
    result in further harm. Since Vada moved, the respondent had no significant amount of time with
    Vada; they had exchanged text messages and had seen each other during parenting time exchanges.
    On one occasion, she saw Vada at a community event, but Vada refused to make eye contact or
    speak to her.
    ¶ 17   The respondent testified that, in August 2021, there was an alleged incident between
    Deacon and Gibson where Deacon reported that Gibson grabbed him by the arm and shoved him
    on a bed. Deacon claimed that he had entered the respondent’s bedroom while she was having sex
    with Gibson, and then he left the room. Gibson followed him into his bedroom, which is where the
    incident occurred. However, the respondent denied that the incident happened and noted that there
    was no interaction between the two of them that night. She noted that the only time that Gibson
    left her bedroom that night was when he left the house, and she had walked him to the door. She
    also noted that there was no interaction between Gibson and Vada that night as Vada was not there.
    She explained that she was in the bathroom getting ready for bed when Deacon entered her
    6
    bedroom. He was being defiant about going to bed, so she told him to go to bed. He then left the
    room and went into his bedroom. At the time, Vera was asleep in her bed, and Gibson was in the
    bedroom. She learned of the allegations against Gibson when a police officer attempted to serve
    him with an order of protection at her house.
    ¶ 18   The respondent’s mother told her that the day before the alleged incident with Gibson,
    Deacon was involved in a fight at school. The respondent did not see the bruising on Deacon’s
    arm, and she did not ask him anything about the incident with Gibson. She was aware that there
    were allegations that Gibson had called Deacon derogatory names, but she had never heard Gibson
    say anything derogatory to Deacon. Deacon currently lived with the petitioner, and she consented
    to him continuing to live there. She had only minimal contact with the petitioner about having
    parenting time with Deacon because they did not communicate well.
    ¶ 19   The respondent believed that, if she had parenting time with Vada and Deacon, it would be
    hard on them. She explained that she began having difficulty with them when she started dating
    Gibson. They made negative comments about Gibson and called him derogatory names. She
    described an incident in January 2021 where Deacon and Vada were being defiant and
    disrespectful, and Deacon called Gibson racial slurs. She explained that this was the first time that
    the children had met Gibson, and he did not provoke Deacon. She saw text messages from the
    petitioner to the children saying that Gibson was not a good person and should not be around them.
    The petitioner also used a racial slur in the messages and made derogatory comments and
    insinuations about his race. The respondent believed that counseling would be beneficial for her
    and the children to help establish healthy dynamics and mend their relationship. Thus, she
    requested that the court order counseling. Vera had a very good and positive relationship with
    7
    Gibson, and they watched cartoons together. His children and Vera were developing a sibling-like
    relationship.
    ¶ 20   Although Vera would be separated from her siblings during the respondent’s parenting
    time, the respondent requested that she remain the parent designated the majority of the parenting
    time. The petitioner did not tell her about enrolling Vera in the Ewing school until after it was
    already done, and she objected at the time. When Vera was not at school, and the respondent was
    at work, she stayed with the respondent’s mother. Vera had friends at the Goreville school. The
    respondent explained that, at the time of the parties’ divorce, the petitioner’s residence was
    designated as the children’s primary residence for school registration purposes because she was
    moving out of the marital home and did not know where she would ultimately live. Also, at the
    time, the children were already attending school in Goreville. The petitioner never told her about
    his intention to move to Whittington, and she found out from the children.
    ¶ 21   The respondent acknowledged that the petitioner had previously messaged her about
    having contact with Vera during her parenting time, and she did not respond to him. She also
    acknowledged that Deacon was struggling in school when he was in the Goreville school district.
    ¶ 22   Bonita W., the petitioner’s mother, testified that, in the spring of 2021, Vada was visibly
    upset and said that the respondent had kicked her out of the house and never wanted to see her
    again. Bonita called the petitioner, and Vada resided with him from that point forward. She
    observed the siblings’ interactions with each other and believed that they had a good relationship
    and cared for one another. She noted that Vera loved her brother and sister and was excited to be
    around them. She also observed Vada and Deacon since they began living with the petitioner and
    noted that they were doing very well, they had joined clubs and were participating in
    8
    extracurricular activities, and they were very happy. She recently retired, so she was available if
    the petitioner needed any help with the children.
    ¶ 23   Chelsea W., the petitioner’s wife, testified that she had a really good relationship with
    Vada, and Vada confided in her. Since Deacon started residing with her and the petitioner, she
    noticed changes in his behavior and his grades; his grades had improved, he had a much more
    positive attitude, and he had made several friends. Vada and Deacon were always excited to see
    Vera and spent all day with her doing family activities. They were always sad to see her leave.
    They had a loving relationship. Vera had friends in Whittington that she interacted with regularly,
    and she participated in gymnastics while there. Vera was a very outgoing child and had no
    problems making friends.
    ¶ 24   Chelsea testified that the petitioner never made negative comments about Gibson or the
    respondent in front of the children nor had he supported the children making negative comments
    about Gibson. Anytime Vada and Deacon voiced concerns about the situation, the petitioner
    always tried to calm them down and redirect the conversation. When they discovered that Vada
    had sent inappropriate text messages to the respondent, the petitioner reprimanded her
    immediately; he was very angry about the situation. They also had an extensive discussion about
    not saying certain things, even when angry.
    ¶ 25   Cindel Polhemus, the petitioner’s sister, testified that she was close to Vada and that, when
    Vada primarily resided with the respondent, Vada called her when upset. She noticed a change in
    Vada’s behavior since Vada moved in with the petitioner. Polhemus noted that Vada was happy,
    she socialized, and she engaged in activities.
    ¶ 26   Penny Brookins, Chelsea W.’s mother, testified that she lived close to her daughter, and
    she had been around the children and observed their interactions with her daughter. Brookins noted
    9
    that Cheslea had a fabulous relationship with the children, she loved them very much, and she
    helped provide for them and took care of them. She noted that the petitioner was a wonderful
    father, and he also took care of the children’s daily needs. She also noted that the three children
    interacted with each other and loved playing games at family game night.
    ¶ 27   Mary Lynn Erkmann, the respondent’s mother, testified that she watched Vera while the
    respondent was at work. Erkmann noted that Vera adored the respondent, and she always ran to
    the respondent when the respondent arrived home from work or when she came home from
    parenting time with the petitioner. The respondent and Vera had a very close relationship; they
    talked to each other, shared things with each other, watched movies and cartoons together, and
    baked together. Erkmann also had a good relationship with Vera; they played games together, did
    activities together, and played with dolls. The respondent was pregnant, and Vera was excited
    about the baby. Erkmann did not know how long it had been since she had seen Vada and Deacon,
    but she recently contacted the petitioner about seeing them, and he did not respond. Prior to August
    2021, she saw Vada and Deacon on a regular basis. However, after the parties divorced, and the
    respondent began dating, she noticed a change in their behavior. Erkmann observed that Vada was
    verbally and physically aggressive toward the respondent and sometimes her siblings. She also
    observed that Deacon exhibited frustration, had a temper, and would yell.
    ¶ 28   Erkmann indicated that, the morning of the hearing, she drove to Whittington to pick Vera
    up from the petitioner’s house and took her to school before the hearing, even though the petitioner
    was driving that same direction. She was told that the petitioner was not bringing Vera with him.
    ¶ 29   Erkmann observed Gibson’s interactions with Vera; Erkmann noted that they were very
    friendly, Vera adored him and hugged him, and she asked about his children when she saw him.
    10
    Gibson had two children, a one-year-old and a four-year-old. Vera was always happy to see them,
    and they played well together.
    ¶ 30   After hearing the testimony, including the in camera interviews of Vada and Deacon, the
    trial court found that Deacon’s allegations of abuse against Gibson were proven by a
    preponderance of the evidence. The court then acknowledged that, if abuse was established as to
    one child, there was a presumption of abuse regarding the other children pursuant to the Juvenile
    Court Act. However, the court noted that the evidence presented revealed that, for Vera, the
    respondent’s home was a good environment; it was a “kind loving environment” with fun and
    games. The court found that the respondent’s home was a perfectly fine, normal, and acceptable
    environment for Vera and that both homes provided a loving, stable environment for her. The court
    noted that the environment might have been different for Vera because the older children were
    more in tune with what was going on and maybe they had assigned blame. Thus, the court
    determined that it would essentially maintain the status quo by granting the petition to modify as
    it related to Vada and Deacon but denying it as it related to Vera. In making this decision, the court
    acknowledged that it was splitting the children up but noted that it had been working out over the
    past few months. The court also acknowledged the parties had difficulty communicating with each
    other and asked the parties’ attorneys to present additional argument as to the allocation of
    significant parental decision-making authority. After hearing both attorneys argue for joint
    decision-making authority, the court granted joint decision-making authority, noting that with the
    issues between the parties mostly resolved that day, some of the tension might be relieved. The
    court also admonished the parties that they must communicate for the sake of the children.
    Therefore, the court allocated sole decision-making authority of Vada and Deacon to the petitioner,
    11
    allocated the parties joint decision-making authority over Vera, and determined that the original
    parenting time schedule would remain in effect for Vera.
    ¶ 31     The trial court also ordered that Vera remain in the Goreville school district. In deciding,
    the court noted that, when the parenting plan was created, the petitioner resided in the marital
    residence in the Goreville school district, and it was anticipated that Vera would attend school
    there.
    ¶ 32     On October 7, 2022, the trial court entered a written order, reiterating its oral findings. The
    petitioner appeals.
    ¶ 33                                      II. ANALYSIS
    ¶ 34     The petitioner contends that the trial court’s allocations of significant parental decision-
    making authority and parenting time regarding Vera were against the manifest weight of the
    evidence. Specifically, he argues that the evidence demonstrated that there was physical abuse in
    the respondent’s home, the respondent refused to communicate with him about the children, their
    other children lived with him, and he had a stable home with ample family support in the area.
    ¶ 35     Section 610.5(c) of the Illinois Marriage and Dissolution of Marriage Act (Act) sets forth
    the requirements for modification of orders allocating parental decision-making responsibilities
    and parenting time. 750 ILCS 5/610.5(c) (West 2020). Specifically, section 610.5(c) provides that
    “the court shall modify a parenting plan or allocation judgment when necessary to serve
    the child’s best interests if the court finds, by a preponderance of the evidence, that on the
    basis of facts that have arisen since the entry of the existing parenting plan or allocation
    judgment or were not anticipated therein, a substantial change has occurred in the
    circumstances of the child or of either parent and that a modification is necessary to serve
    the child’s best interests.” 
    Id.
    12
    ¶ 36   Accordingly, the court may modify parenting time or the allocation of parental
    responsibilities if a substantial change has occurred since the existing allocation judgment was
    entered, and a modification is necessary to serve the children’s best interests.
    ¶ 37   Once a substantial change in circumstances has been found, the trial court must determine
    whether modification is necessary to serve the children’s best interests. 
    Id.
     To determine the
    children’s best interests for the modification of the allocation of significant parental decision-
    making authority, the trial court must consider all relevant best-interest factors, including: (1) the
    children’s wishes; (2) the children’s adjustment to home, school, and community; (3) the mental
    and physical health of all individuals involved; (4) the parents’ ability to cooperate to make
    decisions; (5) the level of each parent’s participation in past significant decision-making about the
    children; (6) any prior agreement or course of conduct between the parents regarding decision-
    making; (7) the parents’ wishes; (8) the children’s needs; (9) the distance between the parents’
    residences; (10) whether a restriction on decision-making is appropriate; (11) the willingness and
    ability of each parent to facilitate and encourage a relationship between the minor children and the
    other parent; (12) the physical violence or threat of physical violence directed against the children;
    (13) the occurrence of abuse against the children or other member of the children’s household;
    (14) whether one parent is a sex offender or resides with a sex offender; and (15) any other factor
    that the court expressly finds to be relevant. 
    Id.
     § 602.5(c).
    ¶ 38   Moreover, in determining the children’s best interests for modifying parenting time, the
    trial court considers the following best-interest factors set forth in section 602.7(b) of the Act:
    (1) the parents’ wishes; (2) the children’s wishes; (3) the amount of time each parent spent
    performing caretaking functions with respect to the children in the 24 months preceding the filing
    of the petition; (4) any prior agreement or course of conduct between the parents; (5) the
    13
    interaction and interrelationship of the children with their parents and siblings or any other
    significant person; (6) the children’s adjustment to home, school, and community; (7) the mental
    and physical health of all involved; (8) the children’s needs; (9) the distance between the parents’
    residences, the cost of transporting, the families’ daily schedules, and the ability of the parents to
    cooperate; (10) whether a restriction on parenting time is appropriate; (11) physical violence or
    threat of physical violence; (12) the willingness and ability of each parent to place the needs of the
    children ahead of his or her own needs; (13) the willingness of each parent to facilitate and
    encourage a close and continuing relationship between the other parent and the children; (14) the
    occurrence of abuse against the children or other members of the household; (15) whether one of
    the parents is a convicted sex offender; (16) the terms of a parent’s military family-care plan; and
    (17) any other factor that the court expressly finds to be relevant. Id. § 602.7(b); In re Marriage of
    Adams, 
    2017 IL App (3d) 170472
    , ¶ 20.
    ¶ 39   The trial court’s decision regarding whether to modify the allocation of parental decision-
    making authority and parenting time is subject to a manifest weight of the evidence standard of
    review. In re Marriage of Bates, 
    212 Ill. 2d 489
    , 515 (2004). This decision is afforded great
    deference because the trial court is in a superior position to judge the credibility of the witnesses
    and determine the children’s best interests. 
    Id. at 516
    . A judgment is against the manifest weight
    of the evidence when an opposite conclusion is apparent or when the findings appear to be
    unreasonable, arbitrary, or not based on the evidence. In re Custody of K.P.L., 
    304 Ill. App. 3d 481
    , 488 (1999).
    ¶ 40   Here, although the petitioner was allocated sole decision-making authority and parenting
    time with regard to Vada and Deacon, the parties were allocated joint decision-making authority
    over Vera, and the respondent remained the parent with the majority of the parenting time with
    14
    her. The court also determined that Vera would continue to attend school in Goreville. In making
    this decision, the court accepted Deacon’s allegations of abuse against Gibson and noted that, once
    abuse allegations were established by a preponderance of the evidence, there was a presumption
    of abuse regarding the other children under the Juvenile Court Act. However, the court found that
    presumption was rebutted by the evidence demonstrating that the respondent’s home was a kind,
    loving environment for Vera and a perfectly acceptable, stable home for her. The court
    acknowledged that this decision split up the children but noted that this arrangement had been
    working out.
    ¶ 41   Upon careful review of the record, we find that the trial court’s decision was not against
    the manifest weight of the evidence. The court observed the witnesses and heard the testimony,
    including in camera testimony from both Vada and Deacon, about the alleged physical and mental
    abuse that occurred in the respondent’s home and about the respondent’s lack of communication
    with the petitioner about the children. However, the court still found that the respondent’s home
    was a good environment for Vera and presumably found that the parties would be able to
    effectively communicate in the future for joint parental decision-making authority over Vera.
    Although the court recognized the parties’ past difficulty with communicating, the court felt that
    the resolution of the present issues would help relieve any tension between the parties. It was also
    noted by the parties’ attorneys that the petition to modify was the first filing between the parties
    regarding issues that they were unable to resolve, and they had not had any trouble resolving any
    medical issues that had arisen regarding the children. Moreover, we note that there was no evidence
    presented that showed that Vera was a victim of any of the alleged abuse that occurred in the
    respondent’s home, but there was testimony presented about how Vera was very friendly with
    Gibson and about how she adored him and his children and was affectionate toward him.
    15
    ¶ 42   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.”). The petitioner’s arguments are essentially asking this court to reweigh the evidence
    and reassess witness credibility, which we will not do. There is no indication from the record that
    the trial court failed to consider the relevant statutory best-interest factors, or the evidence
    presented on those factors, in reaching its decisions on parental decision-making authority and
    parenting time. Thus, we conclude that the trial court’s rulings on decision-making responsibilities
    and parenting time were not against the manifest weight of the evidence.
    ¶ 43   Further, we find that the court’s decision that Vera remain in the Goreville school district
    was supported by the evidence where the initial parenting plan was entered when the petitioner
    resided in the marital residence, which was located in the Goreville school district, and the
    respondent was unsure about where she would ultimately live after the dissolution. Also, when the
    parties entered into the initial agreement, it was anticipated that Vera would attend school in
    Goreville, and she had been attending school there since kindergarten. Accordingly, we affirm the
    trial court’s allocations of parental decision-making authority and parenting time.
    ¶ 44                                 III. CONCLUSION
    ¶ 45   For the foregoing reasons, the judgment of the circuit court of Johnson County is hereby
    affirmed.
    ¶ 46   Affirmed.
    16
    

Document Info

Docket Number: 5-22-0686

Citation Numbers: 2024 IL App (5th) 220686-U

Filed Date: 2/7/2024

Precedential Status: Non-Precedential

Modified Date: 2/7/2024