Parents Rights

[revco73]

I currently live in Illinois. My husband and I are expecting our first child. He has had no contact with his mother in the past ten years. She resides in Michigan. If she sues for visitation what are our rights in the state of Illinois? I have contacted an attorney in Michigan and was told that as long as my husband and I are in agreement his mother has no rights. Is this also true in the state of Illinois?
Thank you.

 

[I AM ALWAYS LIABLE]

My response:

Your attorney is absolutely correct.

Last year, in June 2000, the United States Supreme Court decided, in Troxel vs. Granville, that parents have the final word when it comes to "third party" visitation occuring with the child.

A parent’s right to limit grandparental visitation. [Troxel v. Granville (U.S. 2000) 120 S.Ct. 2054, 147 L.Ed.2d 49 (court defined liberty interest as "the interest of parents in the care, custody, and control of their children" and observed that this interest is "perhaps the oldest of the fundamental liberty interests recognized by this Court")]

Run a search for Troxel and you'll read all about it. Because it was a U.S. Supreme Court decision, it's the law for all 50 States - - even in Burbank, California.

IAAL

[Edited by I AM ALWAYS LIABLE on 04-13-2001 at 12:38 PM]

 

[MySonsMom]

IAAL,

I have heard alot about the case you are talking about above. Quick question...So does this mean that grandparent visitation is nearly extinct now? Or can grandparents (or any interested party for that matter) can still sue for visitation but their chances of getting it granted are slim? Or would there case not even go as far as court because of this case?

 

[racer72]

That case started here in the state of Washington and made newspaper headlines. The parents of 2 children divorced and the mother was granted custody. The mother blamed her inlaws for the divorce. Shortly after the divorce the childrens father was killed. The mother denied the grandparents visitation and they sued. A superior court ruling sided with the mother. The state supreme court disagreed and reversed the lower court ruling. The Supreme Court decision reversed the state court decision. In the state of Washington, a court cannot grant visitation to grandparents without both parents being in agreement. I can see both sides of the situation too. When my first marriage ended my father-in-law constantly tried to interfere with my visitation of my son. And as a grandfather to my daughters children, it would tear me up if I was told I could not see them again. But in the case stated, I would have to agree with the parents.

 

[Ambr]

just a quick -does it apply to this case - question.

parent divorcing.
mother gets physical, joint legal

paternal grandparents "afraid" they were not going to see the children, that mother would not allow.
they come forward during the divorce and request visitation.
judge grants them one week in the summer - out of the father's time) and every other grandparents day.

does the new supreme court ruling basically make this null and void, or is it still in effect?