In re Marriage of Troy S.

State: Illinois

Court: 3rd District Appellate

Docket No: 3-00-0132 Rel

Case Date: 02/27/2001

February 27, 2001

No. 3--00--0132

IN THE

APPELLATE COURT OF ILLINOIS

THIRD DISTRICT

A.D., 2001

In re MARRIAGE OF

TROY S.,
Petitioner-Appellee,

and

RACHEL S.,
Respondent-Appellant.

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Appeal from the Circuit Court
of the 12th Judicial Circuit,
Will County, Illinois

No. 96--D--180

Honorable
Kathleen Kallan,
Judge Presiding

PRESIDING JUSTICE HOMER delivered the opinion of the court:

Custody of four-year-old D.S. was awarded to her father Troy. Her mother Rachelappeals, contending that: (1) the trial court erred in limiting ElizabethDelaney's testimony based upon an assertion of confidentiality; (2) the trialcourt erred in excluding the testimony of Rose Gossmeyer; and (3) the custodydetermination was against the manifest weight of the evidence. After our carefulconsideration, we reverse in part, affirm in part, and remand for furtherproceedings.

FACTS

When Rachel and Troy separated in 1994, they agreed that Rachel would have custodyof D.S., Troy would have alternate weekend visitation, and Troy would pay $50 perweek in child support. This arrangement worked well until November 1995 whenRachel discontinued Troy's visitation.

According to Rachel, after returning from a visit with Troy in November 1995, D.S.confided that Troy had sexually abused her during a bath. Rachel testified thatshe took D.S. to see a child psychologist, Dr. Jason Sherman, three days later butD.S. refused to discuss the incident with Dr. Sherman. Rachel further testifiedthat approximately 2