Visitation Rights For Grandparents 

 Posted on February 06, 2023 in DuPage County Divorce Attorneys

Do grandparents have visitation rights in the state of Illinois? While it is recognized that extended family members play important roles in children's lives, their right to see their grandchildren are more complicated than one may think. 

Visitation occurs when a person who is not a parent of the child spends time with the child. While visitation used to also encompass parents spending time with their child, now that is referred to as parenting time.

Granting Visitation Rights 

The parents of the child are the ones  in charge of how they raise their children and who their children spend time with. Parents have the right to keep their children away from grandparents. However, in Illinois, a grandparent can petition the court for visitation. Grandparents must meet the following requirements to qualify for grandparent visitation rights: 

• The child’s parents are divorced, or legally separated, and at least one parent has no objection to grandparent visitation

• If the child is born out of wedlock and the parents do not live together 

• One or both parents are deemed incompetent 

• One or both parents are deceased or missing

• One or both parents have been incarcerated for at least three months 

The court will ultimately consider a few things when deciding if it is in the best interest of the child for grandparents to have visitation rights: 

• The preference of the child 

• The reason for seeking visitation rights 

• How close the relationship is between the child and their grandparents 

• If the time requested with the child will interfere with the child’s regular schedule 

• If the child had ever lived with the grandparents or if they were the child’s primary caregivers for at least six months 

• How frequently the child and grandparents are in contact 

• The mental and physical health of the child 

• The mental and physical health of the grandparents 

The grandparents would need to conclusively prove that a lack of visitation would cause physical, mental, or emotional harm to the child. However, ultimately if the child had no previous relationship with the grandparents, a court would most likely not grant visitation rights.

Contact a Wheaton, IL Grandparent's Rights Lawyer 

Grandparents have a unique relationship in a child’s life, and being refused visitation can be detrimental to not only the grandparents but also the child. The Andrew Cores Family Law Group understands this. Our experienced DuPage County family law attorney can help you not only protect your rights as a grandparent but also help you navigate these stressful and emotional matters of refused visitation. Call us at 630-871-1002 for a free consultation. 

Source: 

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