In re Marriage of Benson

The defendant father, Loren W. Benson, filed a petition for modification of custody. Thereafter, the plaintiff mother, Vicki R. Benson, filed a petition seeking leave to remove the parties’ eight-year-old child, Jacob, from Illinois to Florida. The two petitions were tried together. The trial court granted Loren’s petition and transferred custody of the child to Loren. The court then found that Vicki’s petition was rendered moot by the court’s decision to modify custody. It further found that Vicki had not met her burden to prove that removal would be in the child’s best interest pursuant to…