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DEPARTMENT OF PUBLIC AID v. BREWER

No. 84330.

702 N.E.2d 563 (1998)

183 Ill.2d 540

234 Ill.Dec. 223

The DEPARTMENT OF PUBLIC AID ex rel. Lindy DAVIS, now by marriage, Lindy Eddy, Appellee, v. Jesse BREWER, Appellant.

Supreme Court of Illinois.

October 22, 1998.

Attorney(s) appearing for the Case

William E. Fair, Pana, for Jesse Brewer.

Jim Ryan, Atty. Gen., Civil Appeals Div., Chicago, for Department of Public Aid.

Frank B. Schweitzer, Taylorville, for Lindy Eddy.

Justice McMORROW delivered the opinion of the court:

At issue in this appeal is whether, under section 610 of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/610 (West 1996)), in order to modify a child custody judgment within two years of the judgment's entry, the circuit court must find child endangerment by clear and convincing evidence or whether the court need only find that there is "reason to believe" that the child's present environment...

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