In this divorce case, both parents wanted to be the custodial parent of their son. The court heard from many witnesses. They were in support of one party or the other.
The court-appointed an evaluator. He prepared a report. He spoke with many persons about the issues. He met with each of the parents, both with and without the child. He received letters from a number of persons.
The evaluator testified that Mother was overprotective. He observed the child with Mother. The child was very passive, relatively nonverbal, and withdrawn.
The evaluator observed the child with Father. The child was now more verbally expressive. He had more ideas of his own. He appeared to be a different child.
The evaluator concluded that Father should have sole custody. The parties did not have the ability to cooperate. That was a requirement for joint custody. The mother should have reasonable visitation. Mother appealed.
The Appellate Court agreed with the Trial Court. It found that Mother was irrationally overprotective of the child. It also found that Mother was not a credible witness. Mother had accused Father of abuse and physical violence. The court did not find any evidence of that.
Mother at least had wanted Joint Custody. But, Mother was not able to work with Father. Her actions proved that.
She had done things secretly so that Father would not be involved. The Appellate Court stated that joint custody was not an option.
In Re Marriage of Lonvick, 2013 Il APP (2D) 120865.
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