Understand Your Rights as a Grandparent in DuPage County

Posted on in Family Law

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.

Only the persons listed below may request a court order granting them time with a child:

  • Grandparent

  • Great-grandparent

  • Brother or Sister

  • Step-parent

For a grandparent to get visitation with a grandchild, they must demonstrate to the court that they are being denied visitation without justification and at least one of the following is true:

  • The child's parents are divorced or separated
  • The child's parents are unmarried and not living together
  • One or both parents are deceased, incarcerated, missing, or have been deemed incompetent

Can Grandparents Get Custody of their Grandchildren?

Yes, a grandparent may be granted custody of their grandchild. The first method entails requesting custody of the grandchildren from the court. Unless there is another concern, such as abuse, both parents of the child must willingly give up their parental rights. For a variety of personal reasons, such as addiction or mental health concerns, parents may relinquish custody of their children. Other times, extremely young parents give up their parental rights so that the child can be adopted by one or more grandparents.

The Department of Children and Family Services is in charge of looking after children removed from abusive households. The option known as "Private Subsidized Guardianship" also allows grandparents to take on the role of a child's legal guardian. This long-term solution is often saved for circumstances in which there is no chance of the child being reunited with his or her biological parents.

Contact a DuPage County Family Lawyer

If you need assistance getting visitation or custody of your grandchild, contact a Wheaton grandparents’ rights attorney who will advocate for you and protect your interests. Call Andrew Cores Family Law Group at 630-871-1002 to schedule your free consultation to learn your legal rights and your best options.




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