Department of Public Aid Ex Rel. Davis v. Brewer

At issue in this appeal is whether, under section 610 of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/610 (West 1996)), in order to modify a child custody judgment within two years of the judgment’s entry, the circuit court must find child endangerment by clear and convincing evidence or whether the court need only find that there is “reason to believe” that the child’s present environment may endanger him or her in some way. The appellate court held that the parent seeking modification had to prove child endangerment by clear and convincing evidence, and, on this…