Grandparents Rights In Illinois, Grandparent Rights In Illinois, Grand Parents Rights, Illinois Gran

In 2000, Grandparent visitation rights in general were limited by the United States Supreme Court Case, Troxel v

. Granville. In Troxel, the Supreme Court found unconstitutional a Washington statute which allowed for a non-parent to petition for visitation rights with a child. The court emphasized a parents fundamental right to raise her children, and found that the enactment of nonparental visitation statutes burdened the parent-child relationship.

In its opinion in Troxel, the court explained: In an ideal world, parents might always seek to cultivate the bonds between grandparents and their grandchildren. Needless to say, however, our world is far from perfect, and in it the decision whether such an intergenerational relationship would be beneficial in any specific case is for the parent to make in the first instance. And, if a fit parents decisions of the kind at issue here becomes subject to judicial review, the court must accord at least some special weight to the parents own determination. 530 U.S. at 70.

In 2002, the Illinois Supreme Court followed suit in the case Wickham v. Byrne, holding that the sections of the Illinois Marriage and Dissolution of Marriage act that addressed grandparent visitation were found unconstitutional because they interfered unreasonably with the parental fundamental liberty interest to raise ones children. In its opinion, the Court addressed the role of grandparents in their grandchildrens lives, and how grandparents interact with their adult children.

In most cases, the relationship between a child and his or her grandparents is a nurturing, loving relationship that provides a vital connection to the familys history and roots. However, as with all human relationships, conflicts may arise between a childs parents and grandparents. In many cases, this conflict will concern disagreements about how a parent is raising his or her children. Yet, this human conflict has no place in the courtroom. This is true even where the intrusion is made in good conscience, such as the request for visitation to preserve the childs only connection to a deceased parents family.

The Wickham Court took issue with the grandparent visitation statute, specifically because it placed the parents on the same level as the party seeking visitation rights. The statute allowed the courts, instead of the parents, to determine whether visitation would be in the best interest of the child.

The state of Illinois grandparent visitation rights was narrowed slightly by the appellate courts in 2008. In 2008, in In re Grandparent Visitation of Pfalzgraf, the Illinois Appellate Court affirmed the circuit courts judgment allowing paternal grandparent visitation but ordering that the visitation shall not infringe on the time during which the mother already has the child. 378 Ill.App.3d 1107 (Fifth District 2008).

While both parents agreed that the paternal grandparents should have visitation, neither parent agreed as to when that visitation should take place. The paternal grandparents wanted their visitation during the mothers custody time so as not to deplete their sons visitation time. The mother objected, and the trial court agreed, so the paternal grandparents visitation was taken out of the fathers and not the mothers visitation time.

by: Gold berg

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