Michael Knight v. Raquel Knight

Decatur, Illinois family law divorce lawyers represented the parties in a marriage dissolution action.



Michael and Raquel married on January 18, 2008, in Decatur, Illinois. They share three biological children, C.K., born August 10, 2007, R.K., born May 1, 2009, and J.K., born January 14, 2016. On September 26, 2019, Michael filed an order of protection against Raquel based upon "erratic and alarming" behavior, which resulted in a settlement agreement between the parties. The settlement agreement restricted contact between the parties and further placed restrictions on Raquel regarding the children.



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Legal issue Did the trial court err in its allocation of parental responsibilities by failing to consider and analyze relevant statutory factors when determining the children's best interests?

Headnote



FAMILY LAW. ALLOCATION OF PARENTAL RESPONSIBILITIES. The case involves an appeal where the trial court's allocation of decision-making responsibilities and parenting time was challenged for failing to analyze the relevant statutory factors in determining the children's best interests. The appellate court found the decision to be against the manifest weight of the evidence, requiring a reversal and remand for further proceedings.



FAMILY LAW. JURISDICTION AND DISMISSAL OF PETITIONS. The appeal additionally addressed the trial court's error in dismissing a petition to allow travel due to jurisdictional misunderstandings following a notice of appeal. The appellate court concluded that the trial court retained jurisdiction as the appeal was held in abeyance, thus finding the dismissal improper.



Key Phrases Allocation of parental responsibilities. Best interests of the child. Family counseling. Manifest weight of the evidence. Parenting time.

Reversed and remanded.