Legal Memorandum: Court’s standard of review for finding a parent unfit

Issue: Under Illinois law, what is the standard of review applied to a court’s finding that a parent is unfit?

A trial court’s finding that a parent is unfit will not be reversed on appeal unless it is contrary to the manifest weight of the evidence. In re D.D., 196 Ill.2d 405, 417 (2001). Such a finding is contrary if the opposite result is clearly evident. Id. Nevertheless, each case is decided based on the merits of the facts and circumstances presented. Id. at 422.

Clear and convincing evidence is stated to be something less than proof beyond a reasonable doubt. In re D.T., 212 Ill. 2d 347, 362 (2004).

In re K.L., No. 3-15-0731, 2016.IL.000232 (Feb. 2, 2016) (VersusLaw).

Date: March 1, 2016
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