Grandparents often play a huge role in their grandchildren’s lives, offering love, support and wisdom that aid in a child’s development. Although there are no federal laws governing visitation rights of grandparents, in Illinois, grandparents enjoy a limited legal right to visit their grandchildren depending on the circumstances.
Certainly courts favor the wishes of the biological parents, who can decide who spends time with their child. However, in some situations, a grandparent can file a petition for court ordered visitation if they meet the requirements.
To petition the court for grandparent visitation, a grandparent must first show that they have been unreasonably denied time with their grandchild. He or she must then show that one of the following is true: a parent is incompetent; a parent is deceased; a parent is missing or incarcerated for at least three months; the parents are divorced or legally separated; there is a pending dissolution or custody proceeding and one parent does not object to visitation; or that a grandchild is born out of wedlock and the parents are no longer living together.
When considering a petition for grandparent visitation, a court will weigh various factors:
- A grandchild’s wishes
- The mental and physical health of the grandchild
- If the child has lived with, or been cared for, by the grandparent/s on a regular basis
- The history/frequency of contact between the grandparent/s and the grandchild
- The grandparent/s reason for seeking visitation
- Mental and physical health of the grandparent/s
- Why the parent/s are denying visitation
- Other relevant factors
Contact a Grandparents’ Rights Attorney for Help Today
Depending on the circumstances, grandparents enjoy a limited legal right to visit their grandchildren in Illinois. If you have questions regarding grandparent visitation rights in Illinois, contact the law office of Ronald L Bell & Associates for more information at 857-495-6000.