Smart v. Smart

Petitioner Sidney R. Smart filed a petition to modify decree of divorce seeking custody of his minor child, Rebecca. After a hearing on the merits, the circuit court of Peoria County denied the petition and retained respondent Cathleen A. Smart (Miller) as custodian. On appeal, petitioner contends the trial court erred in (1) admitting evidence of respondent’s proposed new environment; (2) applying the standards of section 610 of the Illinois Marriage and Dissolution of Marriage Act (Ill. Rev. Stat. 1977, ch. 40, par. 610); and (3) reaching a decision contrary to the manifest weight of the…