Grandparents in Illinois no longer can turn to the courts whenbattling for visitation with their grandchildren, the IllinoisSupreme Court ruled Thursday.
The ruling dealt the final blow to the state's 1991 grandparentvisitation law, which let grandparents sue over how often they cansee their grandchildren.
"I'm just heartbroken over this," said Virginia Wickham, 64, ofGlen Ellyn, who has been embroiled in a legal tug-of-war with her son-in-law over her 4-year-old granddaughter.
Thursday's decision leaves grandparents at the mercy of parentswhen it comes to how much, if any, contact they have with theirgrandkids.
Only in extreme cases, where a youngster's health or safety is atrisk, will the courts step in.
"This human conflict has no place in the courtroom," JusticeThomas Fitzgerald wrote for the majority in a 14-page opinion. "Thisis true even where the intrusion is made in good conscience, such asthe request for visitation to preserve the child's only connection toa deceased parent's family.
"Moreover, a fit parent's constitutionally protected libertyinterest to direct the care, custody and control of his or herchildren mandates that parents--not judges--should be the ones todecide with whom their children will and will not associate."
The statute already had been whittled down in 2000, when the courtruled it was unconstitutional when both parents are alive and able tomake joint decisions regarding their child's welfare.
Thursday's ruling hinged around Wickham's case and another inKankakee County. Both involve single parents whose spouses had died.
"It's a victory for him. It's a victory for any single parents inIllinois because the Supreme Court is telling them that the rightsand concerns that they have for their kids are not diminished whentheir spouse dies," said Chicago attorney Michael Goldberg, whorepresents Paul Byrne, Wickham's son-in-law.
Byrne was married to Wickham's daughter, Lizabeth, who died in1998 of stomach cancer.
In her will, Lizabeth Wickham-Byrne stipulated "frequentvisitation" between her daughter and Wickham.
Byrne drove his daughter to Wickham's suburban home for visits,and the family still gathered for holidays. But Wickham sued, wantinglonger, overnight visits. Currently, she sees her granddaughter oncea week, for four hours.
Byrne, a special education teacher who lives in Portage Park, saidhe was relieved by the court's decision.
"This reaffirms my faith in the parent's fundamental right to makethe most personal decisions regarding their child," he said.
He said he will continue to allow Wickham to see his daughter,"but there will be different ground rules."
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