Grandparents rights and visitation in Illinois

The Illinois Marriage and Dissolution of Marriage Act Outlines Visitation Rights Which Include Rights of Grandparents

The rights of grandparents are also detailed in the Illinois Marriage and Dissolution of Marriage Act (I.M.D.M.A.) and many other court cases. Over a period of time, the Illinois courts have mostly concluded that grandparent rights are not superior to the choices made by parents regarding grandparent visitation rights when there is not a question of fitness of parents.

A consistent view from the Illinois Supreme Court is that a grandparent must have either lived with the child or been considered a primary caretaker of the grandchild.

The United States Supreme Court has held that the 14th amendment protects rights of parents and child-rearing. As such, who children have visitation with is mostly up to the parents. Grandparent rights statutes have been enacted in Illinois on prior occasions, but have ultimately been struck down or found to be in limbo.

For successful grandparent visitation right cases to take place, it is vital that grandparents hire an experienced family law attorney in Illinois.

What considerations are used in determining the best interests of a child in grandparent visitation cases?

Several factors that a court will look at to determine if grandparent visitation is in the best interest of the child are as follows:

• The relationship between the grandparents and child;
• The amount of time that has passed since the grandparents have seen the child;
• Whether or not there is any conflict between the parents and grandparents; and
• The mental and physical health of all parties involved.

A judge will consider all of these factors and the burden to prove your case will rest solely on you if you don't hire an attorney.
It is important to remember that these cases may not be as easy as other matters involving parental rights. Parental rights involve direct biological parents and paternity. Grandparent rights look to whether or not a similar parent-child relationship has been formed with a grandparent.

There are several scenarios we see whereby grandparents request that their rights be recognized and preserved:

• Children are involved in divorce and a grandparent takes the role of the other parent who has left the marriage.
• Unmarried parents are fighting for sole custody in the domestic relations court.
• A person has requested temporary guardianship or plenary guardianship from a judge.
• An adult child has consistent allegations of abuse and is the subject of child protective services investigations.
• One parent has a history of mental illness and a grandparent

If you are in any of these situations, we highly encourage you to hire an attorney for your matter. If you ready to start your case today and would like a free consultation, call us at (312) 971-2581 or book a free confidential consultation online.

What relationship must be maintained between a grandchild and a grandparent for visitation to occur?

There is no single answer to this question as each case is unique. However, grandparents must demonstrate that they have maintained a close relationship with the child for visitation to be granted.

Additionally, grandparents must show that visitation would be in the child's best interests. That means that a grandparent is a supporting person in the child's life and that without that grandparent, it may cause harm to a child's wellbeing.

How do grandparents file a petition for visitation in Illinois?

Grandparents must file a petition for visitation with the court. To petition the court properly, a grandparent must detail the relationship with the child and why visitation is necessary.

Please contact our office if you have any questions about grandparents' rights in Illinois or would like to discuss your case. We are here to help.

What will happen once a petition for visitation is filed?

Once the county clerk has accepted a filing, the judge will review the case and conduct a hearing or trial to determine what is in the child's best interest. If grandparents are granted visitation, a schedule will be set forth detailing when and how often grandparents can visit with the child.

Please contact our office if you have any questions about grandparents' rights in Illinois or would like to discuss your case. Call (312) 971-2581 or book an appointment online.

Do I still have a right to visitation with my grandchildren if my adult child is deceased?

Grandparents may still have a right to visitation even if the child's parent has passed away. To request visitation, grandparents must file a petition with the court detailing their relationship with the child and why visitation would be in the child's best interests. The first step in gaining legal results is by hiring the right attorney for your case.

The right attorney who knows the related topics including custody and all aspects of family law will make a considerable difference in your matter.

There are several other options for grandparents to pursue rights over grandchildren in court which include guardianship through the probate court if you feel like you would be able to make decisions on your grandchild's behalf.

What if the grandparents live outside of the State of Illinois?

Grandparents who live out of state may still have a right to visitation with their grandchildren. To request visitation, grandparents must file a petition with the court detailing their relationship and the situation all parties are in.

To contact the best family law attorneys in Illinois, call us at (312) 971-2581 or book a free consultation online if you would like to speak to a licensed attorney regarding your matter.

Illinois Supreme Court Cases and Visitation Rights for Grandparents

Grandparent visitation rights are very limited in Illinois. The court views parental rights under the 14th amendment as superior so long as a parent is considered fit. The Illinois Supreme Court has put strict

To obtain parenting time rights in Illinois, grandparents must meet the following requirements:

Grandparents must have been unreasonably denied parenting time by a parent and a grandparent must show that a parent is:

• incompetent;
• deceased or missing for at least 3 months;
• incarcerated for at least the last three months;
• divorced or legally separated, or there is a pending dissolution or custody proceeding, and at least one parent has no objection; or
• born to unmarried parents that are not living together.

After showing that a grandparent has had denied parenting time due to a biological parent's inability to properly care for the child, the circuit court will then review several factors:

• A grandchild’s preference;
• The reasons as to why a grandparent is seeking visitation;
• If denial of visitation has been in good faith;
• The relationship between the grandchild and the grandparent;
• Whether visitation will have an adverse affect on the grandchild;
• Whether the grandparent and grandchild lived together or the grandparent was the primary caretaker of the child for at least six consecutive months;
• The frequency of contact between the grandparent and grandchild over the last year;
• The mental and physical health of the child; and
• The grandparents' physical and mental well-being.

Custody rights for grandparents are not allowed under the I.M.D.M.A unless a guardianship action or adoption takes place whereby a grandparent takes the role of a parent in court.

What if I have been denied visitation with my grandchild?

Grandparents who have been denied visitation with their grandchildren may still have options under Illinois laws, but hiring the right attorneys to act and speak on your behalf is always advised.

I think my grandchild is being abused. What can I do?

Grandparents who believe their grandchildren are being abused should contact the Illinois Department of Children and Family Services (D.C.F.S.) immediately. D.C.F.S. will investigate the allegations of abuse and take appropriate action to protect the child. If you believe that the custodial parent has participated in domestic violence, custody of your grand child may be adjudicated by the circuit court where you live.

Once the child has been placed into protective care, a grandparent can file to become a minor child's guardian with the courts. More information can be found on our website or by contacting our office. It is imperative that if you believe a parent or another is harming the child within your case or that there is an imminent risk for harm, a grandparent should report the abuse.

Cases involving minor children and their wellbeing are of the utmost importance to the courts and starting a family law case is the first step to ensuring their health and safety. It is not unusual for a grandparent to seek custody of their grandchildren, but court rulings have shown that there is a very high standard that must be met.

Please contact our office if you believe you would like to gain rights over your grandchild for their wellbeing. You can contact our law firm at (312) 971-2581 or book an appointment online.

How much visitation can grandparents get?

Grandparent visitation can be very liberal or very limited based upon the needs of the minor child and the relationship that has been built with the person seeking visitation. Visitation depends upon what is presented to the court and the relationship between the child and the grandparent. Multiple factors must be weighed, and the child's schedule is taken into account as well as the circumstances surrounding the visitation.

Hire an experienced family law attorney to represent you in your matter if you are seeking visitation. The attorneys at Chicago Family Attorneys, LLC will work to convey that visitation is needed in your case and we will work tirelessly to get you the most time possible.