compelling presumption (Illinois) · Go Syfert
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compelling presumption in Illinois

79 Illinois opinions name it 2 courts 1981–2026 35 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (20)

CaseFollowedCited
Young v. Hermangreen
illappct · 2018 · cited in 14 Illinois opinions naming this issue, 2020–2025
2 sentences

2025Though this statute outlines relevant considerations, “[a] determination of the best interests of the child cannot be reduced to a simple bright-line test, but rather must be made on a case-by-case basis, depending, to a great extent, upon the circumstances of each case.” In re Marriage of Eckert, 119 Ill. 2d 316, 326 (1988). “ ‘In child custody cases, there is a strong and compelling presumption in favor of the result reached by the trial court because it is in a superior position to evaluate the evidence and determine the best interests of the child.’ ” Young v. Herman, 2018 IL App (4th) 170

2025We therefore decline Zachary’s invitation to reverse the parenting time decision and remand the matter for a new hearing. ¶ 65 We reiterate that “ ‘[i]n child custody cases, there is a strong and compelling presumption in favor of the result reached by the trial court because it is in a superior position to evaluate the evidence and determine the best interests of the child.’ ” Young, 2018 IL App (4th) 170001, ¶ 64 (quoting Agers, 2013 IL App (5th) 120375, ¶ 25 ).

914
In re Marriage of Agersgreen
illappct · 2013 · cited in 23 Illinois opinions naming this issue, 2018–2026
2 sentences

2026In these types of cases, “ ‘there is a strong and compelling presumption in favor of the result reached by the trial court because it is in a superior position to evaluate the evidence and determine the best interests of the child[ren].’ ” Jameson, 2020 IL App (3d) 200048, ¶ 50 (quoting Agers, 2013 IL App (5th) 120375, ¶ 25 ); see also In re Marriage of Eckert, 119 Ill. 2d 316, 330 (1988).

2026In these types of cases, “ ‘there is a strong and compelling presumption in favor of the result reached by the trial court because it is in a superior position to evaluate the evidence and determine the best interests of the child[ren].’ ” Jameson, 2020 IL App (3d) 200048, ¶ 50 (quoting Agers, 2013 IL App (5th) 120375, ¶ 25 ); see also In re Marriage of Eckert, 119 Ill. 2d 316, 330 (1988).

623
Jameson v. Williamsgreen
illappct · 2020 · cited in 9 Illinois opinions naming this issue, 2022–2026
2 sentences

2026In these types of cases, “ ‘there is a strong and compelling presumption in favor of the result reached by the trial court because it is in a superior position to evaluate the evidence and determine the best interests of the child[ren].’ ” Jameson, 2020 IL App (3d) 200048, ¶ 50 (quoting Agers, 2013 IL App (5th) 120375, ¶ 25 ); see also In re Marriage of Eckert, 119 Ill. 2d 316, 330 (1988).

2026In these types of cases, “ ‘there is a strong and compelling presumption in favor of the result reached by the trial court because it is in a superior position to evaluate the evidence and determine the best interests of the child[ren].’ ” Jameson, 2020 IL App (3d) 200048, ¶ 50 (quoting Agers, 2013 IL App (5th) 120375, ¶ 25 ); see also In re Marriage of Eckert, 119 Ill. 2d 316, 330 (1988).

59
In Re Marriage of Eckertgreen
ill · 1988 · cited in 12 Illinois opinions naming this issue, 1991–2026
2 sentences

2026In these types of cases, “ ‘there is a strong and compelling presumption in favor of the result reached by the trial court because it is in a superior position to evaluate the evidence and determine the best interests of the child[ren].’ ” Jameson, 2020 IL App (3d) 200048, ¶ 50 (quoting Agers, 2013 IL App (5th) 120375, ¶ 25 ); see also In re Marriage of Eckert, 119 Ill. 2d 316, 330 (1988).

2026In these types of cases, “ ‘there is a strong and compelling presumption in favor of the result reached by the trial court because it is in a superior position to evaluate the evidence and determine the best interests of the child[ren].’ ” Jameson, 2020 IL App (3d) 200048, ¶ 50 (quoting Agers, 2013 IL App (5th) 120375, ¶ 25 ); see also In re Marriage of Eckert, 119 Ill. 2d 316, 330 (1988).

412
In re Marriage of Dorfmangreen
illappct · 2011 · cited in 5 Illinois opinions naming this issue, 2017–2021
2 sentences

2017“There is a strong and compelling presumption in favor of the result reached by the trial court in a removal case.” In re Marriage of Dorfman, 2011 IL App (3d) 110099, ¶ 52 (citing Eckert, 119 Ill. 2d at 330 ).

2017“There is a strong and compelling presumption in favor of the result reached by the trial court in a removal case.” In re Marriage of Dorfman, 2011 IL App (3d) 110099, ¶ 52 (citing Eckert, 119 Ill. 2d at 330 ).

45
In Re Marriage of Spanglergreen
illappct · 1984 · cited in 3 Illinois opinions naming this issue, 2021–2025
2 sentences

2025Though this statute outlines relevant considerations, “[a] determination of the best interests of the child cannot be reduced to a simple bright-line test, but rather must be made on a case-by-case basis, depending, to a great extent, upon the circumstances of each case.” In re Marriage of Eckert, 119 Ill. 2d 316, 326 (1988). “ ‘In child custody cases, there is a strong and compelling presumption in favor of the result reached by the trial court because it is in a superior position to evaluate the evidence and determine the best interests of the child.’ ” Young v. Herman, 2018 IL App (4th) 170

2024See 750 ILCS 5/602.7(b) (West 2022). ¶ 48 In parenting time modification cases like this, “ ‘there is a strong and compelling presumption in favor of the result reached by the trial court because it is in a superior position to evaluate the evidence and determine the best interests of the child.’ ” Young v. Herman, 2018 IL App (4th) 170001, ¶ 64 , 92 N.E.3d 1070 (quoting Agers, 2013 IL App (5th) 120375, ¶ 25 ); see In re Marriage of Spangler, 124 Ill.

33
In Re Marriage of Jerome and Martinezgreen
illappct · 1994 · cited in 3 Illinois opinions naming this issue, 2001–2025
2 sentences

2025In re Marriage of Jerome, 255 Ill.

2001See In re Marriage of Jerome, 255 Ill.

33
In re Jordyn L.green
illappct · 2016 · cited in 4 Illinois opinions naming this issue, 2020–2025
2 sentences

2025See In re Jordyn L., 2016 IL App (1st) 150956, ¶ 29 (noting the strong and compelling presumption in favor of the result determined by the trial court in child custody cases). ¶ 53 B.

2024See Jordyn L., 2016 IL App (1st) 150956, ¶ 29 (noting the strong and compelling presumption in favor of the result determined by the circuit court in child custody cases). ¶ 51 CONCLUSION ¶ 52 For the reasons discussed above, the findings of abuse and neglect were not against the manifest weight of the evidence.

24
In Re Custody of Sussenbachgreen
ill · 1985 · cited in 2 Illinois opinions naming this issue, 2023–2023
2 sentences

2023See In re -8- Custody of Sussenbach, 108 Ill. 2d 489, 499 , 485 N.E.2d 367, 371 (1985) (“[T]he trial court is in the best position to judge the credibility of the witnesses and determine the needs of the child.”). “ ‘In child custody cases, there is a strong and compelling presumption in favor of the result reached by the trial court because it is in a superior position to evaluate the evidence and determine the best interests of the child.’ ” Young v. Herman, 2018 IL App (4th) 170001, ¶ 64 , 92 N.E.3d 1070 (quoting In re Marriage of Agers, 2013 IL App (5th) 120375, ¶ 25 , 991 N.E.2d 944 ). ¶

2023See In re Custody of Sussenbach, 108 Ill. 2d 489, 499 (1985). “ ‘In child custody cases, there is a strong and compelling presumption in favor of the result reached by the trial court because it is in the superior position to evaluate the evidence and determine the best interests of the child.’ ” Young v. Herman, 2018 IL App (4th) 170001, ¶ 64 (quoting In re Marriage of Agers, 2013 IL App (5th) 120375, ¶ 25 ). ¶ 35 A trial court’s determination regarding allocation of decision-making will not be reversed unless the decision is against the manifest weight of the evidence.

22
People v. Phillipsgreen
illappct · 2009 · cited in 2 Illinois opinions naming this issue, 2012–2012
2 sentences

2012See People v. Phillips, 392 Ill.App.3d 243 , 331 Ill.Dec. 641 , 911 N.E.2d 462 (2009).

2012See People v. Phillips, 392 Ill.App.3d 243 , 331 Ill.Dec. 641 , 911 N.E.2d 462 (2009).

22
In Re Marriage of Diehlgreen
illappct · 1991 · cited in 2 Illinois opinions naming this issue, 2006–2006
2 sentences

2006In re Marriage of Diehl, 221 Ill.App.3d 410, 424 , 164 Ill.

2006In re Marriage of Diehl, 221 Ill.

22
In Re Marriage of Dotygreen
illappct · 1994 · cited in 2 Illinois opinions naming this issue, 2005–2005
2 sentences

2005In re Marriage of Doty, 255 Ill.

2005In re Marriage of Doty , 255 Ill.

22
In Re Marriage of Wrightgreen
illappct · 1991 · cited in 3 Illinois opinions naming this issue, 1991–1997
2 sentences

1997App. 3d 392, 395 , 571 N.E.2d 197 (1991) ("There is a strong and compelling presumption that the trial court, the entity closest to the litigation and in the best position to observe the witnesses, has made the proper *** decision”).

1997App. 3d 392, 395 , 571 N.E.2d 197 (1991) ("There is a strong and compelling presumption that the trial court, the entity closest to the litigation and in the best position to observe the witnesses, has made the proper *** decision").

13
People v. Dorothy H.green
illappct · 2011 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026Indeed, in child custody cases, “‘there is a strong and compelling presumption in favor of the result reached by the trial court.’” Id. (quoting In re William H., 407 Ill.

11
People v. Alyssa G. (In Re J v.green
illappct · 2018 · cited in 1 Illinois opinions naming this issue, 2026–2026
1 sentence

2026“There is a strong and compelling presumption in favor of the result reached by the trial court in child custody cases.” Id. - 23 - No. 1-25-1072 ¶ 61 For the best interest determination, “the parent’s interest in maintaining the parent-child relationship must yield to the child’s interest in a stable, loving home life.” In re J.V., 2018 IL App (1st) 171766, ¶ 249 (citing In re Curtis W., Jr., 2015 IL App (1st) 143860, ¶ 52 ).

11
In re Marriage of Jessica F.green
illappct · 2024 · cited in 1 Illinois opinions naming this issue, 2025–2025
11
In Re Marriage of Pfeiffergreen
illappct · 1992 · cited in 1 Illinois opinions naming this issue, 2023–2023
11
Roth v. Illinois Farmers Ins. Co.green
ill · 2002 · cited in 1 Illinois opinions naming this issue, 2011–2011
11
Bright v. Dickegreen
ill · 1995 · cited in 1 Illinois opinions naming this issue, 2011–2011
11
Marcus v. Marcusgreen
illappct · 1974 · cited in 1 Illinois opinions naming this issue, 1981–1981
11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (25)

CaseCitedYears
Sadler v. Pulliam neutral
illappct · 2022
2 sentences

2026We will not overturn the circuit court’s decision “unless the court abused its considerable discretion or its decision is against the manifest weight of the evidence.” Sadler v. Pulliam, 2022 IL App (5th) 220213, ¶ 42 .

2025“We will not overturn the court’s decision unless the court abused its considerable discretion or its decision is against the manifest weight of the evidence.” Sadler v. Pulliam, 2022 IL App (5th) 220213, ¶ 42 .

32023–2026
In re Marriage of Fatkin green
ill · 2019
2 sentences

2026Fatkin, 2019 IL 123602, ¶ 32 .

2025Id. 12 ¶ 34 Section 609.2(g) of the Illinois Marriage and Dissolution of Marriage Act sets forth the factors for consideration when determining relocation requests. 750 ILCS 5/609.2(g) (West 2024).

32021–2026
In re Marriage of Young neutral
illappct · 2015
2 sentences

2018"We will not disturb a trial court's custody determination unless it is against the manifest weight of the evidence." Young , 2015 IL App (3d) 150553 , ¶ 12, 400 Ill.Dec. 146 , 47 N.E.3d 1111 .

2018"We will not disturb a trial court's custody determination unless it is against the manifest weight of the evidence." Young , 2015 IL App (3d) 150553 , ¶ 12, 400 Ill.Dec. 146 , 47 N.E.3d 1111 .

32018–2018
In Re Marriage of Willis green
illappct · 1992
2 sentences

2009In re Marriage of Willis, 234 Ill.

2009In re Marriage of Willis, 234 Ill.App.3d at 161 , 174 Ill.Dec. 633 , 599 N.E.2d at 183 .

31994–2009
Verhines v. Hickey (In Re Verhines) green
illappct · 2018
2 sentences

2023Jameson, 2020 IL App (3d) 200048, ¶ 47 ; In re Custody of G.L., 2017 IL App (1st) 163171, ¶ 24 , 80 N.E.3d 636 . ¶ 41 “Under the manifest weight standard, an appellate court will affirm the trial court’s ruling if there is any basis in the record to support the trial court’s findings.” Id. ¶ 24. “ ‘A decision is against the manifest weight of the evidence when an opposite conclusion is apparent or when the court’s findings appear to be unreasonable, arbitrary, or not based on evidence.’ ” Jameson, 2020 IL App (3d) 200048, ¶ 47 (quoting In re Marriage of Verhines, 2018 IL App (2d) 171034, ¶ 51

2023“A decision is against the manifest weight of the evidence when an opposite conclusion is apparent or when the court's findings appear to be unreasonable, arbitrary, or not based on evidence.” In re Marriage of Verhines, 2018 IL App (2d) 171034, ¶ 51 . ¶ 54 “In child custody cases, there is a strong and compelling presumption in favor of the result reached by the trial court because it is in a superior position to evaluate the evidence and determine 16 the best interests of the child.” In re Marriage of Agers, 2013 IL App (5th) 120375, ¶ 25 .

22023–2023
In re Nicholas C. green
illappct · 2017
2 sentences

2023Id. ¶ 31 But while we are deferential to the trial court, we must be mindful that the right of a -8- No. 1-22-1216 parent to the care, custody and companionship of their children is perhaps one of the oldest fundamental liberty interests.

2023Id. ¶ 32 But while we are deferential to the trial court, we must be mindful that the right of a parent to the care, custody and companionship of their children is perhaps one of the oldest fundamental liberty interests.

22023–2023
In re Custody of G.L. green
illappct · 2017
2 sentences

2023Jameson, 2020 IL App (3d) 200048, ¶ 47 ; In re Custody of G.L., 2017 IL App (1st) 163171, ¶ 24 , 80 N.E.3d 636 . ¶ 41 “Under the manifest weight standard, an appellate court will affirm the trial court’s ruling if there is any basis in the record to support the trial court’s findings.” Id. ¶ 24. “ ‘A decision is against the manifest weight of the evidence when an opposite conclusion is apparent or when the court’s findings appear to be unreasonable, arbitrary, or not based on evidence.’ ” Jameson, 2020 IL App (3d) 200048, ¶ 47 (quoting In re Marriage of Verhines, 2018 IL App (2d) 171034, ¶ 51

2023Jameson, 2020 IL App (3d) 200048, ¶ 47 ; In re Custody of G.L., 2017 IL App (1st) 163171, ¶ 24 , 80 N.E.3d 636 . ¶ 41 “Under the manifest weight standard, an appellate court will affirm the trial court’s ruling if there is any basis in the record to support the trial court’s findings.” Id. ¶ 24. “ ‘A decision is against the manifest weight of the evidence when an opposite conclusion is apparent or when the court’s findings appear to be unreasonable, arbitrary, or not based on evidence.’ ” Jameson, 2020 IL App (3d) 200048, ¶ 47 (quoting In re Marriage of Verhines, 2018 IL App (2d) 171034, ¶ 51

22022–2023
In Re Marriage of Smith green
ill · 1996
2 sentences

2002There is a strong and compelling presumption in favor of a trial court's ruling because it "had significant opportunity to observe the parents and the children, thereby evaluating their temperaments, personalities, and capabilities." Smith , 172 Ill. 2d at 321 , 665 N.E.2d at 1213 .

2002There is a strong and compelling presumption in favor of a trial court's ruling because it "had significant opportunity to observe the parents and the children, thereby evaluating their temperaments, personalities, and capabilities." Smith , 172 Ill. 2d at 321 , 665 N.E.2d at 1213 .

22002–2002
In Re Marriage of MacAluso neutral
illappct · 1982
2 sentences

1986App. 3d 838, 843 , 443 N.E.2d 1, 4 .) The trial court has broad discretion in awarding custody, and there is a strong and compelling presumption in its favor. ( 110 Ill.

1986App. 3d 838, 843 , 443 N.E.2d 1, 4 .) The trial court has broad discretion in awarding custody, and there is a strong and compelling presumption in its favor. ( 110 Ill.

21986–1993
In Re Marriage of Stuart green
illappct · 1986
2 sentences

1989Just as there is a strong and compelling presumption in favor of the trial court’s determination of custody (In re Marriage of Stuart (1982), 141 Ill.

1989App. 3d 314 , 490 N.E.2d 243 ), so, too, we find a strong and compelling presumption in favor of the trial court’s determination to place E.J. with the Department incommunicado.

21986–1989
In Re Marriage of Rizzo green
illappct · 1981
2 sentences

1985(See In re Marriage of Rizzo (1981), 95 Ill.

1985(In re Marriage of Rizzo (1981), 95 Ill.

21985–1985
People v. Ernie C. green
illappct · 2001
1 sentence

2026Indeed, in child custody cases, “‘there is a strong and compelling presumption in favor of the result reached by the trial court.’” Id. (quoting In re William H., 407 Ill.

12026–2026
In re M.J. neutral
illappct · 2026
1 sentence

2026“There is a strong and compelling presumption in favor of the result reached by the trial court in child custody cases.” Id. - 23 - No. 1-25-1072 ¶ 61 For the best interest determination, “the parent’s interest in maintaining the parent-child relationship must yield to the child’s interest in a stable, loving home life.” In re J.V., 2018 IL App (1st) 171766, ¶ 249 (citing In re Curtis W., Jr., 2015 IL App (1st) 143860, ¶ 52 ).

12026–2026
In re Tajannah O. green
illappct · 2014
1 sentence

2026Id. ¶ 85 Section 1-3(4.05) of the Act lists 10 best interest factors with subfactors that the trial court should consider in the context of the children’s age and developmental needs when determining the children’s best interest. 705 ILCS 405/1-3(4.05)(a)-(j) (West 2024).

12026–2026
In re Curtis W. green
illappct · 2015
1 sentence

2026“There is a strong and compelling presumption in favor of the result reached by the trial court in child custody cases.” Id. - 23 - No. 1-25-1072 ¶ 61 For the best interest determination, “the parent’s interest in maintaining the parent-child relationship must yield to the child’s interest in a stable, loving home life.” In re J.V., 2018 IL App (1st) 171766, ¶ 249 (citing In re Curtis W., Jr., 2015 IL App (1st) 143860, ¶ 52 ).

12026–2026
Jameson v. Williams green
illappct · 2020
12022–2022
In Re Marriage of Simmons green
illappct · 1991
12013–2013
In Re Marriage of Kennedy green
illappct · 1981
11994–1994
In Re Marriage of Hazard green
illappct · 1988
11994–1994
In Re Marriage of Benevento green
illappct · 1983
11993–1993
In Re Marriage of Slavenas green
illappct · 1985
11992–1992
In Re Custody of Piccirilli neutral
illappct · 1980
11992–1992
Cooper v. Cooper green
illappct · 1986
11991–1991
In Re Marriage of Pool green
illappct · 1983
11991–1991
Brooks v. Brooks neutral
illappct · 1981
11991–1991

Statutes the citing opinions construe

IL § 750 ILCS 5/602.5 (21) IL § 750 ILCS 5/602.7 (14) IL § 750 ILCS 5/602 (12) IL § 750 ILCS 5/101 (11) IL § 750 ILCS 5/609.2 (10) IL § 750 ILCS 5/503 (8) IL § 750 ILCS 5/601 (7) IL § 705 ILCS 405/1-1 (6) IL § 750 ILCS 5/610.5 (6) IL § 750 ILCS 50/1 (6) IL § 705 ILCS 405/2-3 (5) IL § 750 ILCS 5/508 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

IL 79 (1981–2026) NY 15 (1917–2024) PA 10 (1972–2025) MI 7 (2001–2017) NJ 5 (1963–1985) CA 5 (1984–2021) FL 4 (1980–2019) TN 4 (1997–2013) TX 4 (1965–2015) AL 4 (1980–1993) OH 4 (1997–2025) WI 3 (2018–2023) MN 3 (1991–2025) NM 2 (1990–2009) MO 2 (2012–2016) IN 2 (1961–1985) SD 2 (1993–2004)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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