Grandparent Childcare in Illinois

2019 Kane County, Illinois Bar Association Bar Briefs (February 2019)

9 Pages Posted: 18 Apr 2019

See all articles by Jeffrey A. Parness

Jeffrey A. Parness

Northern Illinois University - College of Law

Deven Tlanda

Northern Illinois University, College of Law, Students

Date Written: February 27, 2019

Abstract

In 2002 in Wickham v. Byrne, the Illinois Supreme Court recognized that in “most cases, the relationship between a child and… grandparents is a nurturing, loving relationship that provides a vital connection to the family’s history and roots.” Yet, it also said that given the “fit parent’s constitutionally protected liberty interest to direct the care, custody, and control of his or her children… parents - not judges - should… decide… with whom their children will associate.” Thus, the “human conflict” between parents and grandparents was found to have “no place in the courtroom.”

In the article we argue that there needs to be some greater place in an Illinois courtroom for “human conflict” over grandparent childcare. Such childcare includes visitation (traditional and virtual), and, yes, financial support. Notwithstanding a “fit parent’s constitutionally protected liberty interest,” the U.S. Supreme Court, in a plurality opinion in Troxel v. Granville in 2000, recognized, contrary to Wickham, that the “presumption that parents act in their children’s best interests” does not totally prevent courts “from second-guessing parents’ visitation decisions.” At the least, second-guessing is permitted by the U.S. Supreme Court to prevent harm to grandchildren. Post-Wickham cases in Illinois also hold, and should continue to hold, that second-guessing is permitted in some instances, as where fit parents earlier agreed (as in consent decrees), but now object, to grandparent childcare. Illinois legislators should expand grandparent childcare opportunities via new statutes. Such initiatives are especially important today as varying crises disable many parents from providing adequate childcare.

Keywords: Grandparent Childcare, Grandparent Visitation, Grandparent Custody, Troxel, Illinois Children, Illinois Childcare, Wickham

Suggested Citation

Parness, Jeffrey A. and Tlanda, Deven, Grandparent Childcare in Illinois (February 27, 2019). 2019 Kane County, Illinois Bar Association Bar Briefs (February 2019), Available at SSRN: https://ssrn.com/abstract=3343713

Jeffrey A. Parness (Contact Author)

Northern Illinois University - College of Law ( email )

Swen Parson Hall
DeKalb, IL 60115
United States

Deven Tlanda

Northern Illinois University, College of Law, Students

DeKalb, IL
United States

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