Stanley, In re

Decision Date24 March 1970
Docket NumberNo. 42489,42489
PartiesIn re Peter STANLEY, Jr., et al. The PEOPLE of the State of Illinois, Appellee, v. Peter STANLEY, Sr., Appellant.
CourtIllinois Supreme Court

Patrick T. Murphy, Chicago, for appellant.

Edward V. Hanrahan, State's Atty., Chicago (Daniel P. Coman, Chicago, Chief of the Civil Division, and Thomas E. Brannigan and James A. Rooney, Asst. State's Attys., of counsel), for appellee.

UNDERWOOD, Chief Justice.

Upon a finding that their natural mother was deceased, two illegitimate children were adjudged by the circuit court of Cook County to be dependent, and were placed in the custody of a married couple appointed as guardians by the court. The children's natural father, Peter Stanley, Sr., has appealed the judgment directly to this court, arguing that the statutory provisions (Ill.Rev.Stat.1967, ch. 37, pars. 702--5 and 701--14; ch. 106 3/4, par. 62) deny to an 'unwed father' all rights to control and custody of his illegitimate children and as such constitute a denial of equal protection of the law.

The children were determined to be dependent pursuant to the following provision of the Juvenile Court Act: '(1) Those who are dependent include any minor under 18 years of age (a) who is without a parent, guardian or legal custodian; * * *.' (Ill.Rev.Stat.1967, ch. 37, par. 702--5.) The father of an illegitimate child, unlike the mother, is excluded from the definition of 'parent' in section 1--14 of the Act: "Parents' means the father and mother of a legitimate child, or the survivor of them, or the natural mother of an illegitimate child, and includes any adoptive parent. It does not include a parent whose rights in respect of the minor have been terminated in any manner provided by law.' (Ill.Rev.Stat.1967, ch. 37, par 701--14.) Stanley urges in the first instance that an unconstitutional distinction inheres in the favorable classification of unwed mothers as parents, as opposed to the exclusion of unwed fathers from that classification.

The distinction between the class of mothers and the class of fathers is rationally related to the purposes of the Juvenile Court Act (Ill.Rev.Stat.1967, ch. 37, par. 701--2), however, and thus it is not constitutionally mandated that Stanley be accorded the rights which accrue to the class of natural mothers of illegitimate children. See Morey v. Doud, 354 U.S. 457, 77 S.Ct. 1344, 1 L.Ed.2d 1485.

Stanley argues further that he should be entitled to the protection of the law afforded legal custodians and guardians, whose right to custody may only be disturbed, in appellant's opinion, upon a showing of neglect (Ill.Rev.Stat.1967, ch. 37, par. 702--4) or the party's physical or mental disability. (Ill.Rev.Stat.1967, ch. 37, par. 702--5.) He overlooks the fact that the Juvenile Court Act provides for the continuing jurisdiction of the court over dependent minors, and that the court may, upon application of any person, transfer custody. (Ill.Rev.Stat.1967, ch. 37, par. 705--8.) In any event, Stanley cannot show himself to be entitled to the rights accorded legal custodians and guardians to retain custody, since the class of legal custodians and guardians consists solely of persons to whom those rights have been affirmatively granted by the court. They did not, prior to the court's action, have any Greater right to control or custody than did an 'unwed father', since prior to action by the court,...

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7 cases
  • Catholic Charities of Archdiocese of Dubuque v. Zalesky, 2--56720
    • United States
    • United States State Supreme Court of Iowa
    • August 29, 1975
    ...... In brief, trial court's holding was premised on Stanley v. Illinois, 405 U.S. 645, 92 S.Ct. 1208, 31 L.Ed.2d 551 (1972); Rothstein v. Lutheran Social Services, 405 U.S. 1051, 92 S.Ct. 1488, 31 L.Ed.2d 786 ......
  • Petition of Negron, 61304
    • United States
    • United States Appellate Court of Illinois
    • October 16, 1975
    ...... The trial court heard argument on the legal issues but did not hear evidence.         Of central importance to this case are Stanley v. Illinois (1972), 405 U.S. 645, 92 S.Ct. 1208, 31 L.Ed.2d 551, and People ex rel. Slawek v. Covenant Children's Home (1972), 52 Ill.2d 20, 284 ......
  • Stanley v. Illinois 8212 5014
    • United States
    • United States Supreme Court
    • April 3, 1972
  • Jones, In Interest of, 60776
    • United States
    • United States Appellate Court of Illinois
    • December 9, 1975
    ...... (Stanley v. Illinois (1972), 405 U.S. 645, 92 S.Ct. 1208, 31 L.Ed.2d 551; see People ex rel. Slawek v. Covenant Children's Home, 52 Ill.2d 20, 284 N.E.2d ......
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