High Court made right decision in grandparents' rights case

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Fair-minded Illinois grandparents should not take Thursday's Illinois Supreme Court ruling as anything other than what it is - an affirmation that the rights of responsible parents can't be trumped by something called "grandparents' rights." The case pitted two Dixon women - Alice Henkel, the mother of a 4-year-old boy, and Cindy Flynn, the boy's paternal grandmother. Several factors complicated this relationship.

The boy's father, a convicted drug dealer, is serving a prison term for his second domestic battery case. The mother stated she is afraid of the father and was concerned about the environment her son would be subjected to while visiting the grandmother. Along with that, the mother stated the grandmother did not respect her religion and would not do things she asked with respect to the boy. As the disagreement developed, the mother chose not to allow her son to see his grandmother.

The grandmother, citing the state's grandparent visitation statute, petitioned the court two years ago seeking visitation rights. A local judge approved and then the appellate court upheld the grandmother's supposed right to have the grandson visit her in her home for three hours a month.

With Thursday's ruling, Supreme Court justices overturned those decisions. The court, which already had nullified the grandparent visitation law in 2002, reiterated parents' rights to raise their children as they see fit, except in the case of a child's physical, mental or emotional health being placed in jeopardy.

The mother's attorney, Rolfe Ehrmann, of Dixon, praised the ruling. "With this decision today, (Henkel), and all parents, have the right to make decisions for their own children. The courts, public officials and politicians can't interfere in how someone raises their own child. This is a good day for parents."

Ehrmann suggested the ruling might, once and for all, squelch the concept of supposed rights for grandparents.

"There is no such thing as grandparents' rights. A right is something you're entitled to. Therefore, there can't be grandparents' visitation rights," he said.

That said, no one should negate the positive impact so many grandparents have on their grandchildren.

Grandparents do everything from offering love and affection to providing child care and general support. They may purchase toys, clothes and other items for the grandchild. They may go on trips, do fun things and help grandchildren bridge the gap to a previous generation. In some cases, grandparents even fill the role of parent when the birth parents are unable or unwilling to take responsibility for their child. There's even a support group, Grandparents Raising Grandchildren, that meets regularly at the Whiteside County Senior Center in Sterling.

As important as grandparent-grandchildren relationships are, they must meet with the parents' approval. They can't be forced upon unwilling parents by grandparents wielding a state law.

How did Illinois pass a grandparent visitation law in the first place? Perhaps the rise of irresponsible parents and the added responsibilities on grandparents' shoulders helped sway lawmakers' minds. It also might be a commentary on the age of certain legislators who passed the original law. Maybe there were more grandparents than parents in the bunch.

Regardless, Supreme Court justices made the right decision. The rights of responsible parents should be respected.