Appellate court custody ruling focuses on child, not experts

Split Decision

By Norman Ruber

Norman Ruber is a partner at Berger, Schatz where he practices family law. He has argued cases before the Illinois Supreme Court and Illinois Appellate Court. A former Cook County assistant state's attorney, Ruber has extensive trial experience in both jury and bench trials at the state and federal level. He can be reached at nruber@bergerschatz.com.

Posted May 28, 2014 2:36 PM

In In re Marriage of Debra N. and Michael S., 2013 IL App (1st) 122145, contrary to the recommendation of the court-appointed psychologist and a child representative, the trial court awarded the husband sole custody in post-decree litigation. This decision was affirmed on appeal. In this case, a 2007 judgment for dissolution of marriage and joint parenting agreement designated the wife as the residential parent for the parties’ 3-year-old daughter. Three years later, the wife filed a petition seeking court …

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