What Rights do Grandparents Have Regarding Grandchild Visitation in Illinois?

Posted on in Family Law

IL family lawyerWhen most people think about child custody issues, they assume that the issue involves the child’s biological parents. However, non-parents such as grandparents can also be important figures in a child’s life. If you are a grandparent, you may be curious about your right to see your grandchild. You may wonder if there is any way that you can be granted visitation rights the way that a biological parent would be. In Illinois, grandparents can be issued visitation rights, but only in certain circumstances.

Grandparents Rights in Illinois

The Illinois state government generally assumes that parents know what is best for their child. However, if the wellbeing of the child is questioned, the government can step in. If a parent does not want their child to spend time with his or her grandparents, it is assumed that the parent has a good reason for doing so. However, this is a rebuttable presumption. If a grandparent can prove that spending time with a grandchild is necessary to protect the child’s wellbeing, the court may grant visitation rights to the grandparent.

Petitioning the Court for Grandparent Visitation

Sometimes, parents refuse to let their children see their grandparents. If you are a grandparent who has been denied access to your grandchild, you may want to gain court-ordered visitation. To do so, you will need to file a petition with the court. Because it is assumed that parents have their children’s best interests in mind, you will need to show evidence that the parents’ denial is causing undue physical or psychological harm to the grandchild. Additionally, you will need to show at least one of the following:

  • The parents are divorced or separated and at least one parent agrees to grandparent visitation
  • The parents are unmarried and living separately
  • One of the child’s parents is deceased or missing
  • One of the parents is “unfit” to care for the child
  • One of the parents has been incarcerated for 90 days or more

When deciding whether to grant grandparent visitation, the court will also consider the child’s preferences, the grandparent’s health, the quality of the grandchild – grandparent relationship, and several other factors.

Contact a Kane County Grandparents’ Rights Attorney

At Shaw Family Law, P.C., we understand how important grandparents are in the lives of their grandchildren. For help petitioning the court for grandparent visitation, contact a skilled St. Charles family lawyer from our firm today. Call 630-584-5550 for a free, confidential consultation.

 

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050K602.9.htm

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