A same-sex partner, Jenny, filed a petition for visitation. The child was the child of her former partner.

The parties had acted as co-parents of the child for approximately seven years.  Their romantic relationship ended two years after the child’s birth.  They continued to act as co-parents.

Jenny claimed that she continued to maintain a weekly parenting schedule with the child.  This included picking him up from daycare and spending every other week with him.

After the relationship ended, the parties discussed guardianship and adoption.  But it never got past discussion.

Jenny asked the court to apply the equitable adoption concept.  She thought this would allow her the right to have visitation.

Jenny alleged that she had intended to adopt the child. Along with her parent-child relationship with him, she says she should be granted visitation.

However, Jenny did not fit the law’s requirements.  She did not have standing.  She was not a grandparent, great-grandparent, sibling, or a stepparent. They all have standing under §607 of the Illinois Marriage and Dissolution of Marriage Act.

Also, the Illinois Supreme Court has clearly held that the concept of equitable adoption does not apply in divorce or parentage proceedings. So, unfortunately, Jenny did not have standing to seek visitation.

In re Visitation of J.T.H., 2015 IL App (1st) 142384

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Buffalo Grove Law Offices