Can Grandparents Get Visitation Rights in Illinois?

Posted on in Family Law

Wheaton Family Law AttorneyGrandparents 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.


How Can I Challenge Paternity in DuPage County?

Posted on in Family Law

DuPage County Family Law AttorneyIf you believe that you are not the child’s biological father, you may be able to challenge paternity in DuPage County. Paternity is the legal relationship between a father and his child. When paternity is established, the father has certain legal rights and responsibilities to the child, such as the right to child support and visitation.

There are two ways to challenge paternity in DuPage County:

  • You can file a petition to deny paternity. This is a legal document that you file with the court. In your petition, you will need to state your reasons for challenging paternity. You may also need to provide evidence to support your claims.


Wheaton Divorce LawyersParents are not always able to agree on key matters that relate to the children. There is a potentially helpful way to break a deadlock. A parenting coordinator can provide a means of resolving disputes that allow you to stay out of the court system. There is a new Supreme Court rule in Illinois that governs the appointment of a parenting coordinator in a family law case.

Parenting Coordinators Are Appointed When There Is a History of Disputes

Courts appoint parenting coordinators in high-conflict cases where one or both parents simply cannot work together. These parents may frequently end up in court, litigating about many matters involving the children. The court aims to take the matter out of the court system to the fullest extent possible. 

Parenting Coordinators Are Very Important in Your Case

When a court appoints a parenting coordinator, they give broad powers. The parenting coordinator can become involved in a number of disputes involving the children. They do not have power to decide disputes, but they can mediate between the parents upon request of the judge. In addition, the parenting coordinator can also document when a parent is not complying with the agreement, which can be the basis for a contempt of court charge. The parenting coordinator handles disputes within the confines of the existing custody agreement, but modifying the agreement is within the purview of the judge, 


Wheaton Family Law AttorneyIn some cases, your ex-spouse may have filed for and received a restraining order against you. The order may require that you remain a certain distance or refrain from contact with your ex-spouse. You may be wondering whether a restraining order will keep you from visitation with your children. A Wheaton child custody attorney can give you advice, which will depend on the specifics of your situation. 

The Best Interests of Your Children

If you have been accused of domestic violence, the court may make a separate determination about whether you would pose a danger to your children. Above all, the court wants to provide a safe environment for your children. They will also weigh the importance of your relationship with them when they determine the best interests of the children. The considerations could be different when the court believes that the children may be harmed.

Supervised Visitation with the Children

Still, there are options that could still allow you to spend time with your children, even when there is a restraining order. The court could allow for supervised visitation with your children, until the domestic violence accusations are resolved, or the court decides that you do not pose a danger to the children. Here, you would meet at a neutral facility with a state-appointed supervisor present. Although it may not be what you want, you would still get visitation. 


dupage county family law attorneyThe state of Illinois has acknowledged that grandparents frequently play a significant part in a child's life. If you are a grandparent, you may have questions and concerns about your rights. Can I get custody of my grandchild? What if my grandchild’s parents will not allow me to see him or her? Can I get visitation rights? The rights of grandparents can be complicated and difficult to understand. A family law attorney can help. 

Are You Entitled to Grandparent’s Visitation?

Illinois grandparents may, however, have a legal right to see their grandchildren, especially if the parents are divorced.

In general, the choice of who can spend time with a child belongs to their parents. However, if a child is at least one year old, a non-parent may be able to get a court order compelling the parents to allow them to spend time with the child.


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