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In re Marriage of Minix

344 Ill. App. 3d 801, 801 N.E.2d 1201 (2003)

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In re Marriage of Minix

Illinois Appellate Court

344 Ill. App. 3d 801, 801 N.E.2d 1201 (2003)

Facts

In October 2000, a circuit court entered a judgment dissolving the marriage between Wendy Sue Dunaven-Minix (defendant) and David Wayne Minix (plaintiff). The court granted Wendy custody of the couple’s child, Nicole, and granted David visitation rights. The court ordered Wendy and David to continue the previously agreed upon visitation schedule. In August 2002, Wendy filed an opposing motion requesting that the court order David to refrain from taking Nicole to any church services. The court conducted a hearing and heard testimony from Wendy and David. Wendy testified she was an adherent of the Unity Church, but David was a member of a Pentecostal denomination. Wendy also claimed Nicole was becoming confused by attending both churches, though she did not present any evidence that Nicole was harmed by attending church with David. David testified that both denominations were Christian denominations and that he had been taking Nicole to church with him for three years. There was no evidence of any doctrinal differences between the Unity church and the Pentecostal church. The trial court denied Wendy’s motion, finding Wendy had failed to show any substantial threat to Nicole from David’s religious instruction. Wendy appealed.

Rule of Law

Issue

Holding and Reasoning (Appleton, J.)

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