Publications

Articles on Parental Rights

Grandparents’ visitation; splitting the baby four ways?

By Helen W. Gunnarsson
October
2001
LawPulse
Page 510
Since the Illinois Supreme Court's Lulay decision, appellate courts have struggled case by case to determine whether grandparents' bids for visitation are constitutional.

Trial court has the authority under the Juvenile Court Act to order state’s attorney to prosecute a petition to terminate parental rights

September
2001
Illinois Law Update
Page 454
On June 21, 2001, the Illinois Supreme Court affirmed the lower court's holding that the trial court had the authority under the Juvenile Court Act to order the state's attorney to prosecute a petition to terminate parental rights, after establishing permanency goal.

Where there is no allegation of unfitness, the statutory provision allowing grandparent visitation interferes with a mother’s fundamental right to make decisions about the care and custody of her children

September
2001
Illinois Law Update
Page 454
On July 6, 2001, the Appellate Court of Illinois, Third District, reversed the lower court's order awarding grandparent visitation to Brent and Rita Langman, the paternal grandparents of children whose father had died while married to their mother, Amy Langman.

The Lawyer’s Journal

By Bonnie C. McGrath
July
2001
Column
Page 338
Golfers in the (legal) news; capital punishment and the mentally retarded; and more.

Void-for-vagueness doctrine applied in adoptions context; section 1(D)(h) of the Adoption Act permitting termination of parental rights found unconstitutionally vague

July
2001
Illinois Law Update
Page 342
On April 13, 2001, the Appellate Court of Illinois, Fourth District, applied the void-for-vagueness doctrine to a constitutional analysis of section 1(D)(h) of the Adoption Act, 750 ILCS 50/1 (D)(h).

A finding of parental unfitness resulting in termination of parental rights must be based on conduct that occurred during the statutorily prescribed time periods

February
2001
Illinois Law Update
Page 60
On November 22, 2000, the Fourth District of the Appellate Court of Illinois vacated and remanded the trial court's judgment that granted the state's petition to terminate respondent Christopher Fleming's parental rights.

Troxel and Lulay — Two High Courts Speak on Grandparent Visitation Rights

By David N. Schaffer
February
2001
Article
Page 74
An analysis of two important new cases that limit the power of legislatures to grant grandparent visitation.

Interest in maintaining relationship between grandparents and grandchildren of divorced parents does not warrant state’s interference with fundamental parental rights

December
2000
Illinois Law Update
Page 690
On October 26, 2000, the Supreme Court of Illinois ruled on the following question of law certified to it by the circuit court:

The Lawyer’s Journal

By Bonnie C. McGrath
December
2000
Column
Page 686
Extra protection against self-incrimination; grandparents get their (bad) day in court; and more.

Drug abusers may lose children; P.A. 91-802

August
2000
Illinois Law Update
Page 438
Beginning next year, more unfit parents may begin losing custody of their children.

The Lawyer’s Journal

By Bonnie C. McGrath
July
2000
Column
Page 378
Grandparents lose at High Court—but how much? HMOs lose in one high court, win in another; and more.

When determining the fitness of a parent, the court can only consider evidence of actions occurring within 12 months from the date in which the court finds the abused, or a dependent

May
2000
Illinois Law Update
Page 252
On March 23, 2000, the Illinois Supreme Court affirmed the appellate court's finding that D.L.'s mother was unfit pursuant to section 2-29 of the Juvenile Court Act of 1987 (705 ILCS 405/2-29).

The Lawyer’s Journal

By Bonnie McGrath
December
1999
Column
Page 632
One new rule clarifies notice-of-appeal filings in criminal cases...

Representing Grandparents Who Raise Grandchildren: An Overview of Illinois Law

By Susan Dawson-Tibbits
September
1999
Article
Page 468
This article highlights various Illinois statutes that give grandparents legal authority to make decisions affecting their grandchildren.

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