Sharpe v. Westmoreland

Sharpe v. Westmoreland, 2020 IL 124863 (Ill. 2020) · Illinois Supreme Court · September 24, 2020 · No. 124863

Summary

The Illinois Supreme Court held that a party to a civil union qualifies as a "step-parent" under the Illinois Marriage and Dissolution of Marriage Act, granting standing to seek visitation and allocation of parental responsibilities for the child of a deceased civil union partner. The court reasoned that the Civil Union Act intended to create an alternative to marriage equal in all respects, entitling civil union partners to the same legal obligations, responsibilities, protections, and benefits as spouses, including the stepparent definition. The holding is limited to individuals who have entered into a civil union, not other non-marital relationships.

Holdings

  1. A civil union partner is a 'step-parent' as defined in the Dissolution Act.

Questions Presented

  1. Whether a party to a civil union has standing to request visitation with her deceased partner's child as a stepparent.
  2. Whether a party to a civil union has standing to request parental responsibilities as a stepparent.

Disposition

reversed_and_remanded

Cases Cited (7)

  • Rozsavolgyi v. City of Aurora, 2017 IL 121048(cited)
  • Illinois Graphics Co. v. Nickum, 159 Ill. 2d 469 (1994)(cited)
  • Accettura v. Vacationland, Inc., 2019 IL 124285(cited)
  • In re N.G., 2018 IL 121939(cited)
  • Troxel v. Granville, 530 U.S. 57 (2000)(cited)
  • In re Parentage of Scarlett Z.-D., 2015 IL 117904(distinguished)
  • 2019 IL App (5th) 170321(reversed)

Cited In (0)

No citing cases on record yet.

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