In re Marriage of Troy S.
Case Date: 02/27/2001
Court: 3rd District Appellate
Docket No: 3-00-0132 Rel
February 27, 2001 No. 3--00--0132 IN THE APPELLATE COURT OF ILLINOIS THIRD DISTRICT A.D., 2001
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 |