Supreme Court of Illinois

In the matter of a petition seeking grandparental visitation rights, order declaring the visitation statute under which the petition had been brought unconstitutional is vacated and the matter remanded for consideration of nonconstitutional issues raised in the pleadings where the circuit court should have ruled first on the legal sufficiency of the petition, before addressing any issue of statutory constitutionality.

Appellate Information

• Decided 03/22/2007
• Published 03/22/2007

Judges

• Justice KILBRIDE delivered the judgment of the court, with opinion:

Court

• Supreme Court of Illinois

Counsel

• For Appellant:
  
• Karen L. Kendall, of Heyl, Royster, Voelker & Allen, Drew L. Parker, of Parker & Halliday, and Gerald W. Brady, Jr., of Brady & Flanagan, Peoria, for appellants., Lisa Madigan, Attorney General, Springfield, (Gary Feinerman, Solicitor General, and Paul Racette, Assistant Attorney General, Chicago, of counsel), for intervenor-appellant.


• For Appellees:
  
• David L. Wentworth II, Charles J. Urban and Emily R. Vivian, of Hasselberg, Williams, Grebe, Snodgrass & Birdsall, Peoria, for appellee.