(755 ILCS 5/11-7.1) (from Ch. 110 1/2, par. 11-7.1)
Sec. 11-7.1. Visitation rights.
(a) Whenever both parents of a minor are deceased,
visitation rights
shall be granted to the grandparents of the
minor who are the parents of the minor's legal parents unless it is shown
that such
visitation would be detrimental to the best interests and welfare
of the minor. In the discretion of the court, reasonable
visitation rights
may be granted to any other relative of the minor or other person having an
interest in the welfare of the child. However, the court shall not grant
visitation privileges to any person who otherwise might have
visitation
privileges under this Section where the minor has been adopted subsequent
to the death of both his legal parents except where such adoption is by a
close relative. For the purpose of this Section, "close relative" shall
include, but not be limited to, a grandparent, aunt, uncle, first cousin,
or adult brother or sister.
Where such adoption is by a close relative, the court shall not grant
visitation privileges under this Section unless the petitioner alleges and
proves that he or she has been unreasonably denied
visitation with the
child. The court may grant reasonable
visitation privileges upon finding
that such
visitation
would be in the best interest of the child.
An order denying
visitation rights to grandparents of the minor shall be
in writing and shall state the reasons for denial. An order denying
visitation
rights is a final order for purposes of appeal.
(b) Unless the court determines, after considering all relevant factors,
including but not limited to those set forth in Section 602.7
of the Illinois
Marriage and Dissolution of Marriage Act, that it would be in the best
interests of the child to allow
visitation, the court shall not enter an order
providing
visitation rights and pursuant to a motion to modify
visitation
brought under Section 610.5
of the Illinois Marriage and Dissolution of
Marriage Act shall revoke
visitation rights previously granted to any person
who would otherwise be entitled to petition for
visitation rights under
this Section who has been convicted of first degree murder of the parent,
grandparent, great-grandparent, or sibling of the child who is the subject of
the order. Until an order is entered pursuant to this subsection, no person
shall visit, with the child present, a person who has been convicted of first
degree murder of the parent, grandparent, great-grandparent, or sibling of the
child without the consent of the child's parent, other than a parent convicted
of first degree murder as set forth herein, or legal guardian.
(Source: P.A. 99-90, eff. 1-1-16.)
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