equitable parent doctrine (Illinois) · Go Syfert
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equitable parent doctrine in Illinois

8 Illinois opinions name it 1 courts 1996–2014 0 in the last five years

The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
In re Marriage of Mancinered
illappct · 2012 · cited in 2 Illinois opinions naming this issue, 2012–2012
2 sentences

2012Mancine, 2012 IL App (1st) 111138, ¶ 15 (citing In re A.K., 250 Ill.

2012Mancine, 2012 IL App (1st) 111138, ¶ 15 .

12
Wickham v. Byrnegreen
ill · 2002 · cited in 1 Illinois opinions naming this issue, 2014–2014
1 sentence

2014(Emphasis added.) 750 ILCS 5/601(b)(2) (West 2012); see Wickham v. Byrne, 199 Ill. 2d 309, 316-17 (2002); In re Custody of T.W., 365 Ill.

11
In re Avery S.green
illappct · 2012 · cited in 1 Illinois opinions naming this issue, 2014–2014
1 sentence

2014See In re Avery S., 2012 IL App (5th) 100565, ¶ 13 . 5 For the sake of simplicity, we will refer to these doctrines collectively as the equitable parent doctrine, as they are generally used interchangeably to refer to persons functioning as parents. - 16 - 2014 IL App (2d) 120266-B ¶ 36 As discussed above, the legislative scheme in section 601(b)(2) of the Dissolution Act permitting nonparents to seek custody “only if [the child] is not in the physical custody of one of his parents” serves to prevent unconstitutional state interference with parents’ fundamental liberty interests unless necessa

11
Weger v. Wegergreen
illappct · 2006 · cited in 1 Illinois opinions naming this issue, 2014–2014
1 sentence

2014(Emphasis added.) 750 ILCS 5/601(b)(2) (West 2012); see Wickham v. Byrne, 199 Ill. 2d 309, 316-17 (2002); In re Custody of T.W., 365 Ill.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
In Re Marriage of Roberts green
illappct · 1995
2 sentences

2014In re Marriage of Roberts, 271 Ill.

2012In re Marriage of Roberts, 271 Ill.App.3d at 980 , 208 Ill.Dec. 683 , 649 N.E.2d 1344 .

41996–2014
Koelle v. Zwiren green
illappct · 1996
2 sentences

2014Yet, he fails to explain why, having full knowledge of statutory adoption requirements, he failed to simply file the paperwork. ¶ 42 In the parties’ original briefing, Nicholas relied upon Koelle v. Zwiren, 284 Ill.

2014Jim’s reliance on Koelle v. Zwiren, 284 Ill.

32014–2014
In Re Parentage of MJ green
ill · 2003
2 sentences

2014T.P.S., 2012 IL App (5th) 120176, ¶ 65 . ¶ 43 Additionally, M.J. and T.P.S. are inapposite, because the courts in both of those cases expressly limited their holdings to cases involving children born by artificial insemination (M.J., 203 Ill. 2d at 541-42 ; T.P.S., 2012 IL App (5th) 120176, ¶ 23 ).

2014T.P.S., 2012 IL App (5th) 120176, ¶ 65 . ¶ 43 Additionally, M.J. and T.P.S. are inapposite, because the courts in both of those cases expressly limited their holdings to cases involving children born by artificial insemination (M.J., 203 Ill. 2d at 541-42 ; T.P.S., 2012 IL App (5th) 120176, ¶ 23 ).

22014–2014
In re T.P.S. green
illappct · 2012
2 sentences

2014The trial court observed that it was “bound to follow the law as it exists.” As we discussed above, given that Illinois has never recognized the equitable parent doctrine (T.P.S., 2012 IL App (5th) 120176, ¶ 64 ), the trial court properly found that Jim lacked standing under that theory.

2014The trial court observed that it was “bound to follow the law as it exists.” As we discussed above, given that Illinois has never recognized the equitable parent doctrine (T.P.S., 2012 IL App (5th) 120176, ¶ 64 ), the trial court properly found that Jim lacked standing under that theory.

22014–2014
In Interest of AK green
illappct · 1993
1 sentence

2012Mancine, 2012 IL App (1st) 111138, ¶ 15 (citing In re A.K., 250 Ill.

12012–2012

Statutes the citing opinions construe

IL § 750 ILCS 5/601 (8) IL § 735 ILCS 5/2-619 (7) IL § 705 ILCS 405/1-1 (5) IL § 735 ILCS 5/2-615 (4) IL § 750 ILCS 5/101 (3) IL § 755 ILCS 5/11-5 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MI 21 (1996–2023) IL 8 (1996–2014) IA 3 (1993–1998) TX 2 (2003–2003) WI 2 (2002–2004) CT 2 (1998–2011) SD 2 (1996–1996)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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