Section Newsletters

Articles on Grandparents

750 ILCS 5/602.9 is facially unconstitutional By Lane Harvey Family Law, September 2017 Author Lane Harvey argues that, given the current statute, there's no circumstance in which a non-parent can ever meet the compelling state interest test or that the court may substitute its judgment as to the reasonableness of a fit parent’s decision regarding the persons with whom his or her child may associate.
Grandparent visitation case heard by the First District Appellate Court By Michael K. Goldberg & Becky Rose Bloom Elder Law, September 2014 The recent case of In re Anaya R., a Minor, stands out among other grandparent visitation cases.
Grandparent visitation case heard by the First District Appellate Court By Michael K. Goldberg & Becky Rose Bloom General Practice, Solo, and Small Firm, October 2013 The recent case of In re Anaya R., a Minor, stands out among other grandparent visitation cases.
Where have all the grandmas gone? Standing of grandparents seeking custody under the IMDMA By Marilyn Longwell & Aurelija Juska Family Law, October 2013 Under House Bill 1452—currently under consideration in the state legislature— the entirety of Section 601 of the IMDMA is repealed and the sections replacing it appear to make no provision whatever under which grandparents can seek custody of their grandchildren.
A non-parent’s quandary: Guardianship under the Probate Act or custody under the IMDMA? By Zina Cruse Child Law, December 2008 Today, more than ever, non-parents are finding themselves acting in loco parentis for the children of other family members.
Case comment: In Re Grandparent Visitation of China Pfalzgraf, a Minor By William L. Cleaver Elder Law, May 2008 The recent Fifth District Appellate Court case of In Re Grandparent Visitation of China Pfalzgraf, No. 07-F-137, presents yet another case of the courts’ divining what is in the best interest of the child. In Pfalzgraf, the court addressed the issue of grandparent visitation. 
Grandparent visitation—A practitioner’s approach By Raiford D. Palmer Family Law, December 2007 Grandparent visitation is an issue of growing concern in Illinois and across the U.S.Because the Illinois Supreme Court held a prior version of the statute unconstitutional, the Legislature amended the Grandparent Visitation Statute again, and the current version became law on January 1, 2007. 
Grandparents’ visitation rights are still in limbo in Illinois By Laninya A. Cason Women and the Law, November 2007 In this ever-changing society, more and more grandparents are called upon to perform the duties and responsibilities of parents.
Grandparents’ visitation rights are still in limbo in Illinois By Hon. Laninya A. Cason Elder Law, October 2007 In this ever-changing society, more and more grandparents are called upon to perform the duties and responsibilities of parents.
Grandparents’ visitation rights are still in limbo in Illinois By Hon. Laninya A. Cason Family Law, September 2007 In this ever-changing society, more and more grandparents are called upon to perform the duties and responsibilities of parents.
Grandparent visitation By Nicole Onorato Child Law, September 2006 Recently, the debate over grandparent visitation rights was once again the focus of Illinois legislators. On July 14, 2006, Public Act 94-1026, which revamped certain provisions of section 607 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/607) relative to grandparent visitation, was approved by the legislature.
2006 Family law legislative update By Adrienne W. Albrecht Family Law, August 2006 After absorbing monumental changes to the Adoption Act in 2005, the full ramifications of which are still being realized, a total revision of the law affecting guardians ad litem and child representatives, and other assorted revisions, 2006 has lived down to its low expectations, being a “rules” year.
Over the river and through the woods again—How will courts interpret the new Grandparent Visitation Act? By Michael K. Goldberg General Practice, Solo, and Small Firm, August 2005 After a two-year hiatus, Illinois grandparents once again have the statutory right to petition for visitation with their grandchildren.
When is a settlement agreement enforceable even without authorizing legislation? In re M.M.D. and its progeny By Adrienne W. Albrecht Family Law, July 2005 Although the parties and the Appellate Court viewed the issues in <i>In re M.M.D.</i>, the Supreme Court opted to decide the case on the basis of the enforceability of a consent decree.
Grandparents raising grandchildren-What they should know By Annemarie E. Kill Family Law, April 2005 In the U.S. there are more than six million children who live with grandparents or other relatives. In Illinois alone, more than 100,000 grandparents are caring for their grandchildren.
Grandparents raising grandchildren—What they should know By Annemarie E. Kill & Avery Camerlingo Kill Women and the Law, February 2005 In the U.S. there are more than six million children who live with grandparents or other relatives. In Illinois alone, more than 100,000 grandparents are caring for their grandchildren.
Over the river and through the woods-again: How will courts interpret the new Grandparent Visitation Act? By Michael K. Goldberg General Practice, Solo, and Small Firm, January 2005 After a two-year hiatus, Illinois grandparents once again have the statutory right to petition for visitation with their grandchildren.
Legislative update By Sandra Crawford Women and the Law, October 2004 It is the on-going commitment of the Women in the Law Committee to continue to actively monitor and comment on new and proposed legislation and to highlight existing laws of importance and interest to women and families.
Status of grandparent visitation in Illinois following Wickham By Daniel C. Hawkins Elder Law, June 2004 Prior to 2002, Illinois grandparents had statutory rights to visitation. 750 ILCS 5/607 (b) et seq.
Supreme Court declares grandparent visitation statute unconstitutional By Richard W. Zuckerman Family Law, August 2002 On April 18, 2002 the Illinois Supreme Court, in an opinion written by Justice Thomas R. Fitzgerald, settled once, and possibly for all, the issue of judicially mandated grandparent, great-grandparent and sibling visitation when it declared unconstitutional sections 607(b)(1) and (3) of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/607).
Illinois’ Grandparent Visitation Statute passes The Troxel test By Adrienne W. Albrecht Family Law, October 2000 Grandparent visitation in Illinois is viable even after the United States Supreme Court handed down its opinion in Troxel v. Granville for several reasons.
What you need to know about grandparent visitation Part II…to grandmother’s house we go…maybe By Terrence M. Madsen Family Law, June 2000 The Governor's end-of-the-summer bill signings triggered considerable discussion over the future of grandparent visitation.
Grandparents raising grandchildren: the lawyer’s role By Daniel M. Moore, Jr. Elder Law, May 2000 Grandparents often say--not completely in jest--that the great thing about this role is that you can send grandchildren home at night.
What you need to know about grandparent visitation By Michael K. Goldberg General Practice, Solo, and Small Firm, March 2000 The death of a spouse elicits a myriad of emotions, and the pain of losing a loved one is certainly exacerbated when there are surviving minor children.
What you need to know about grandparent visitation, Part II …to grandmother’s house we go…maybe By Terrence M. Madsen General Practice, Solo, and Small Firm, March 2000 The Governor's end-of-the-summer bill signings triggered considerable discussion over the future of grandparent visitation.
A grandparent’s place in the post-nuclear family By Rebecca N. Pala & Steven J. Sturm Family Law, October 1999 In an era of changing and uncertain family structures, grandparents can be as important as ever in their grandchildren's lives.

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