In re Marriage of Firkus

Without discussing any of the facts of this case, the majority concludes that the trial court’s finding that the petitioner, the custodial parent, failed to prove that removal of the child to Florida was in the child’s best interest was not against the manifest weight of the evidence. I cannot agree.

I do agree with the majority that when, as in the instant case, a motion is made for judgment in respondent’s favor at the close of petitioner’s case, that motion will be granted unless petitioner has met her burden of proof on every element essential to her case. (In re Custody of Anderson…