Trial court’s dual classification of a 59 acre tract of farm land and the marital home as 4/7 non-marital and 3/7 marital was erroneous because property may not have dual characteristics. In re Benefield
By finding a business to be non-marital but inventory of the business to be marital property, a trial court did not improperly attribute dual characteristics to the same property. In re Pancner
Absence of notice to the representative of the minor child in a custody proceeding did not affect the appellate court’s jurisdiction to consider the appeal, although the better proceeding did not affect the appellate court’s jurisdiction to consider the appeal, although the better procedure here would have been to have notified and minor through his duly court-appointed representative, and since the representative sought no leave to intervene in the appeal or file a brief, the court would proceed to the merits of the appeal. In re Leopando
In General
This Act does not mandate a recital of the specified factors in the judgment order or require written findings in any other form. Allen v. Allen
Considered
Trial court’s temporary order was not contrary to the manifest weight of the evidence that touched on various factors, including those listed in this section. Levy v. Skilling
The judgment below could not be affirmed as consistent with the best interests of the children when the judgment was silent as to those factors which this section required that the court consider. Wurm v. Wurm
The determining factor in a custody case is the best interest of the child and the decision whether or not to modify the child’s custody rests upon the court’s determination as to where that interest lies. McWilliams v. McWilliams
Unspecified
The statutory list of factors to be considered is not exclusive, nor must trial judge recite each factor upon which the court’s determination is made; but where non-statutory factors are considered determinative of the custody decision, such factors should not remain obscure, and must be supported by the record. Hall v. Hall
This section does not require that any specific findings or recitals be made; there is compliance with this Act where the record contains sufficient evidence concerning the specified factors. Hollo v. Hollo
Where the custody of a minor child is in dispute between a mother and father, a hearing should be had, whereby evidence on the question is adduced after the parties have had the opportunity to present testimony and each party as well as other witnesses is available for cross-examination. Henrikson v. Henrikson
A custody determination by a trial court is subject to an appeal by a reviewing court, and as the result of failing to have a separate hearing pertaining to custody, the appeals court is placed in the position of being unable to consider the evidence and examine the factors which led to the trial court’s decision. Henrikson v. Henrikson
Evidence of father’s unfitness was sufficient to require a hearing on the issue of child custody. Szewczyk v. Szewczyk
Where the trial court entered a temporary restraining order and later a preliminary injunction against respondent from proceeding with any matrimonial action in any other jurisdiction and awarding temporary custody of the child, who was still in West Germany, to the petitioner, respondent’s appeal would be dismissed without further consideration of the issues raised on appeal unless, within 30 days after the date of filing the court opinion, the respondent filed an additional record showing she, in her own proper person, appeared in the trial court and turned over custody of the minor child to the petitioner. In re Marks