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ROSE v. POTTS

No. 5-90-0238.

577 N.E.2d 811 (1991)

217 Ill. App.3d 661

160 Ill.Dec. 486

William A. ROSE, Plaintiff-Appellee, v. Ruth POTTS, Defendant-Appellant (In re Marriage of William A. Rose, Plaintiff, and Connie L. Rose now Connie L. Saffle, Defendant-Appellee; In re Custody of Stacey Marie Rose, A Minor).

Appellate Court of Illinois, Fifth District.

August 21, 1991.

Attorney(s) appearing for the Case

William K. Thomas, Robinson, for defendant-appellant.

Mark Shaner of the Law Offices of Price & Shaner, Robinson, for appellee.

Justice CHAPMAN delivered the opinion of the court:

The circuit court of Crawford County awarded custody of Stacey Marie Rose (hereinafter Stacey) to her mother, Connie Rose, now Connie Saffle (hereinafter Connie), over the claims of Stacey's father, William Rose (hereinafter William), and her paternal grandmother, Ruth Potts (hereinafter Ruth). Only Ruth has appealed. She alleges that the trial court erred in applying the presumption that custody in the natural parent...

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