Can Grandparents Get Visitation Rights in Illinois?

 Posted on August 30, 2023 in Family Law

Grandparents hold a special place in their grandchildren's lives. Their presence often offers love, support, and guidance, which helps to create a strong family bond.

In Illinois, grandparents do have the right to seek visitation with their grandchildren. However, the law does not guarantee grandparents visitation rights. Grandparents must first prove to the court that visitation is in the child’s best interests.

Speaking with a family law attorney is a great step toward handling concerns regarding grandparent visitation rights.

What Factors Are Considered When Determining Grandparent Rights?

There are a number of factors that the court will consider when making a decision about grandparent visitation. These factors include the following:

• The child's relationship with the grandparents

• The reasons why the grandparents are seeking visitation

• The parents' reasons for opposing visitation, if applicable

• The child's overall well-being

The court will issue an order granting visitation rights to the grandparents if it finds that visitation is in the best interests of the child. The order will specify the amount of visitation that the grandparents will be allowed, and it will also specify the terms of the visitation.

It is important to note that grandparent visitation is not always granted. If the court finds that visitation is not in the best interests of the child, it will not issue an order granting visitation rights.

What Can Grandparents Do to Increase Their Chances?

Here are some things grandparents can do when seeking legal visitation rights:

• Build a strong connection with your grandchildren. The more you are a part of their lives, the better chances the court will see visitation as a positive choice.

• Keep track of your time together, activities, and what they share with you. This record helps prove visitation is good for them.

• Be ready to talk about parents' worries. They might worry about your influence or care abilities. Explain how your visits are good for the kids.

• Work with an attorney experienced in family law matters. An attorney can help grandparents understand their rights and navigate the legal process. An attorney can also help grandparents build a strong case for visitation.

Contact a DuPage County Family Law Attorney

The legal process can be long and frustrating. Grandparents should be patient in their efforts to obtain visitation rights. These rights are not guaranteed. However, working with a Wheaton, IL family law attorney, like those at the Andrew Cores Family Law Group can help guide you in the right direction. Connect with one of our attorneys at 630-871-1002 for a free consultation.