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Authors

Desiree Sierens

Document Type

Article

Media Type

Text

Abstract

Each year, children in Illinois are denied the opportunity to visit a "parent" because the children's families do not fit into traditionally defined family units. Under Illinois law, one "parent" in these non-traditional families lacks standing to petition for custody and visitation. While Illinois courts have a tradition of extending rights to common law parents, current courts have declined to follow previous rulings when asked to extend standing to the same-sex partner of the biological parent, even in cases where the couple, together, agreed to have the child. This comment will argue that maintaining relationships between a non-biological parent and his or her child is in the child's best interests. Additionally, this comment will look at the different theories other states have employed in extending standing to non-biological parents and determine the best option for Illinois.

First Page

483

Last Page

514

Publication Date

7-1-2005

Department

College of Law

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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