In re M.M.D.
Case Date: 12/31/1969
Court: Supreme Court
Docket No: 97537 Rel
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Docket No. 97537-Agenda 21-May 2004. In re M.M.D., a Minor (Christopher R. Johnson, Appellant, v. Christopher Duncan et al., Appellees). Opinion filed November 18, 2004. JUSTICE RARICK delivered the opinion of the court: At issue in this case is whether Wickham v. Byrne, 199 Ill. 2d 309(2002), which declared Illinois' grandparent visitation statute to beunconstitutional, invalidated a preexisting agreement approved by thecircuit court of Peoria County granting visitation rights to a child'sgrandparents. The circuit court held that it did not. On a permissiveinterlocutory appeal brought under Supreme Court Rule 308 (155 Ill.2d R. 308), the appellate court reached the same conclusion andaffirmed. 344 Ill. App. 3d 345. One justice dissented. We grantedleave to appeal from the appellate court's judgment. 177 Ill. 2d R.315. For the reasons that follow, we now affirm. The facts are not in dispute. Roxanna L. Duncan died onSeptember 30, 1996, while giving birth to her daughter, M.M.D.M.M.D. survived. Roxanna's parents, Christopher and Sue Duncan(the Duncans) subsequently petitioned the circuit court of PeoriaCounty to be appointed M.M.D.'s guardians. While the guardianshipproceedings were pending, the circuit court entered an interim orderpursuant to section 11a-4 of the Probate Act of 1975 (755 ILCS5/11a-4 (West 1996)), granting the Duncans temporary guardianshipof M.M.D. and giving them temporary custody of her. Several months after M.M.D.'s birth, Christopher Johnsonbrought an action in the circuit court of Peoria County under theIllinois Parentage Act of 1984 (750 ILCS 45/1 et seq. (West 1996))to establish that he was her father. In April of 1999, when M.M.D.was approximately 2 |