Legal Opinion · Dissent

Chodzko v. Chodzko

Illinois Supreme Court

Decided November 15, 1976No. 48282Published

1DissentJustice Dooley

I dissent. The majority has confused “visitation rights” with “custody.” Each is wholly different from the other and governed by different rules of law.

Visitation rights were granted to grandparents in Boyles v. Boyles (1973), 14 Ill. App. 3d 602, in People ex rel. Lutz v. Lutz (1975), 24 Ill. App. 3d 948, and in other appellate court decisions, and the propriety of extending such rights to grandparents was presupposed in People ex rel. Edwards v. Livingston (1969), 42 Ill. 2d 201.

The majority, while conceding that grandparents are not debarred from visitation rights, limits such rights to…

2Cases cited4 opinions

  1. People Ex Rel. Edwards v. LivingstonIllinois Supreme Court · 1969
  2. Boyles v. BoylesAppellate Court of Illinois · 1973
  3. People Ex Rel. Whalen v. SheehanIllinois Supreme Court · 1940
  4. People ex rel. Lutz v. LutzAppellate Court of Illinois · 1975

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