Can Grandparents Be Granted Visitation Rights in Illinois?

 Posted on January 05, 2023 in DuPage County Divorce Attorneys

Grandparents frequently have a significant impact on the lives of their grandchildren. This may be particularly true in cases where one or both parents of a child are absent from the child’s life because of criminal activity, drug use, neglect or abuse, or even passing away. A grandparent's presence and influence may be a crucial support system for a youngster who needs direction and love in trying circumstances like these. 

If this situation seems familiar to you, you might find solace in knowing that grandparents’ rights in Illinois may, under certain circumstances, include visitation rights. If a grandparent is granted visitation rights by a court, such rights are enforceable in the same way that parental visitation rights would be. 

When Can a Grandparent Get Visitation of a Grandchild in DuPage County, Illinois? 

Although grandparents frequently provide wise parenting advice gleaned from years of experience, dissenting views from a child's parents or a close bond with a child are not enough for a grandparent to be granted visitation on their own. One of the following conditions must be met before a court will consider a case requesting grandparent visitation:

• The parents of the child are no longer married.

• The youngster has already resided with the grandparents for at least six months.

• A parent is incarcerated.

• One parent has passed away.

• A court has revoked the parental rights of one parent or pronounced them incompetent.

• One parent mistreated or abandoned the child.

What Are a Child’s Best Interests? 

Even if one of the aforementioned situations applies, a judge must decide that grandparent visitation would be in the best interests of the child before it may be granted. To establish what would be in the child's best interests, they can consider a number of criteria, such as:

• What led the grandparent to request visitation and why

• Relationship between the grandparent and the child

• The grounds for denying the grandparent visitation

• The child's emotional, physical, and mental wellbeing

• The emotional, physical, and mental well-being of the grandparents

It should be noted that not all excuses for denying a grandparent visitation are illegitimate. A parent who severs contact with a grandparent due to mistreatment, inappropriate interference, or even abuse by the grandparent has a good chance of having their decision supported by the court. Before bringing a case for visitation, it is crucial to be completely honest about the circumstances and the reasons you are unable to see your grandchild since visitation cases may be challenging for the grandparents, parents, and the child.

Contact a Wheaton, IL Grandparents' Rights Lawyer

The Andrew Cores Family Law Group is aware of the value of grandparent-grandchild relationships.Get in touch with our knowledgeable DuPage County family law attorneys at the Andrew Cores Family Law Group. We can guide you through the process and protect your rights and the rights of the grandchild. For a free consultation, contact us at 630-871-1002.

 

Source: 

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