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Case Analysis: In re Marriage of Barnett

The Second District of the Illinois Appellate Court has issued a family law decision on January 3, 2023, in a decision decided pursuant to Rule 23.


The primary question on appeal was whether the trial court correctly found that there had been a substantial change in circumstances warranting a change in parenting time and an increase in the amount of time awarded to the father. The trial court found that there had been a substantial change in circumstances for a minor child due to instability in the child’s life. This included frequent moves and changing relationships of the mother, which could be emotionally unsettling. The court's determination was nt against the manifest weight of the evidence, and the question on appeal is not whether a different determination could have been made, but rather whether the trial court's determination was against the manifest weight of the evidence. The instability created by the mother’s changing relationships and frequent moves also impacted the court’s determination of the best interest of the child in modifying the parenting schedule to a 50/50 arrangement to provide more time with the father. The appellate court order is included here.


In re Marriage of Barnett, 2023 Il. App. (2d) 2-22-0284 (Lake County, Illinois case 15 D 390).



In re Marriage of Barnett, 2023 IL App (2d) 220284-U
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