What Evidence Helps Grandparents Win Visitation Rights in Illinois?

 Posted on October 31, 2025 in Family Law

When the bond between a child and their grandparent is broken, it can cause real emotional harm to the child. To prevent this, Illinois law allows grandparents to seek visitation in certain circumstances. However, the process is not simple. You must show that spending time with your grandchild is in the child’s best interest. With guidance from experienced DuPage County, IL grandparents’ rights lawyers, you can gather strong evidence and present your case clearly to the court.

When Can Grandparents Ask for Visitation in Illinois?

Under 750 ILCS 5/602.9, grandparents can file for visitation when contact is denied and certain conditions exist. For example, this can happen if one parent has died, is missing, or is in jail. It can also occur when a parent has been declared mentally unfit or when the parents are divorced and one of them supports visitation.

Courts do not automatically grant these requests. You must prove that cutting off contact would hurt your grandchild’s emotional or mental health and that your relationship has a positive effect on the child’s well-being.

The process begins when you file a petition in family court. A judge will review the details and decide if a hearing should take place.

What Does the Court Look for in a Grandparent Visitation Case?

Judges must balance the rights of parents with the benefits of a healthy bond between a child and their grandparents. They look at many of the same factors that they consider when determining the allocation of parental responsibilities. According to 750 ILCS 5/602.7, the court considers the child’s age, physical and emotional health, and the strength of the relationship with both parents and grandparents. How long have you been involved in the child’s life? Have you helped care for or support the child?

If both parents are fit and disagree with your request, you will need strong evidence that denying contact could cause the child harm. In some cases, the judge may bring in a guardian ad litem or a counselor. This person investigates the situation and gives an independent opinion about what would best support the child’s stability and happiness.

What Evidence Helps Prove a Strong Relationship With a Grandparent?

Common examples of helpful evidence in these cases include:

• Photos, videos, or letters that demonstrate time spent together

• Statements from teachers, neighbors, or relatives confirming your involvement

• School or medical records showing that the child does better emotionally with your support

• Proof of caregiving, such as providing housing, transportation, or financial help

• Messages or cards reflecting love and ongoing communication

This evidence helps the court understand that your presence gives the child comfort, structure, and emotional balance.

Contact a Wheaton, IL Grandparents’ Rights Attorney Today

Sometimes, grandparents have to fight for their relationships with grandchildren. They need experienced legal representation to back them up. At Andrew Cores Family Law Group, clients work with a team that is dedicated to resolving family matters with respect and understanding. Since 1996, the firm has guided Illinois families through their legal issues, protecting both their rights and the meaningful relationships that matter most.

If you want to preserve your connection with your grandchild, reach out to our DuPage County, IL grandparents’ rights lawyers today. They can help you understand your options and take the right steps to protect your role in your grandchild’s life.