In re Guardianship of A.N.B., 2021 IL App (4th) 210215-U

1. Case citation and parties
- In re Guardianship of A.N.B., 2021 IL App (4th) 210215‑U (Ill. App. Ct., 4th Dist. Sept. 13, 2021) (Rule 23 order; nonprecedential).
- Petitioners‑Appellants: Charles A. and Teresa T. (maternal grandparents and co‑guardians).
- Respondent/Intervenor‑Appellee: Bonita B. (paternal grandmother). Other parties: Daniel B. (father) and Andrea A. (mother).

2. Key legal issues
- Whether the paternal grandmother had statutory standing to seek grandparent visitation under (a) section 11‑7.1 of the Probate Act (755 ILCS 5/11‑7.1) or (b) section 602.9 of the Illinois Marriage and Dissolution of Marriage Act (750 ILCS 5/602.9).
- Secondary issues raised below: whether pending adoption made proceedings moot and whether a stay was required; whether the trial court used correct best‑interest framework and whether the decision was against the manifest weight of the evidence.

3. Holding/outcome
- Reversed. The appellate court held the paternal grandmother lacked statutory standing to pursue grandparent visitation under either the Probate Act or the Marriage Act; therefore the trial court’s grant of visitation was reversed.

4. Significant legal reasoning
- Standing is a statutory prerequisite for grandparent‑visitation petitions; courts apply statutory standing rules de novo. The court strictly construed the two statutes:
- Probate Act §11‑7.1: by its plain terms applies when “both parents of a minor are deceased” (or in the statutory alternative, where a child was adopted by a close relative after parental death). Because both parents here were alive and the child was under nonparent guardianship, §11‑7.1 did not furnish standing.
- Marriage Act §602.9: addresses grandparent visitation against a custodial natural or adoptive parent and requires proof that a parent unreasonably denied visitation and that denial caused undue harm. That statutory protection/presumption for parental rights did not extend to a situation where the child is in the guardianship of nonparents in the manner necessary to trigger §602.9.
- The appellate court rejected the trial court’s attempt to “fill the gap” by extending §11‑7.1 to grandparents of a child placed with other grandparents; statutory text controls and courts may not judicially create standing where the legislature did not.

5. Practice implications
- Don’t assume grandparent visitation statutes apply in guardianship contexts where parents remain alive. Confirm statutory prerequisites (parental death or custody by a natural/adoptive parent) before filing a grandparent‑visitation petition.
- If a child is under nonparent guardianship, consider alternate remedies: seek modification of the guardianship order, obtain parental consent, or pursue negotiated visitation terms with guardians.
- Anticipate standing challenges early; plead and prove the precise statutory predicates or craft claims under appropriate statutory provisions rather than relying on equitable gap‑filling.