Mulay v. Mulay

Chief Justice Thomas and Justices Freeman, Fitzgerald, Carman, Karmeier, and Burke concurred in the judgment and opinion.

OPINION

In this appeal, the circuit court of Peoria County found that the statute governing grandparent visitation, section 607(a — 5) of the Illinois Marriage and Dissolution of Marriage Act (Act) (750 ILCS 5/607(a — 5) (West Supp. 2005)), is facially unconstitutional and dismissed the visitation petition. Prior to examining the propriety of that ruling, however, we must address the Attorney General’s argument that the trial court improperly ruled on the constitutionality…