Can I Get Visitation with My Grandchild in Illinois?

 Posted on November 22, 2021 in Family Law

If you are a grandparent, you know just how special the grandchild-grandparent relationship can be. Unfortunately, sometimes, grandparents are not able to have a close relationship with their grandchildren because of conflicts with their own children. If you want your grandchild to be a bigger part of your life, you may have questions about your rights as a grandparent. Can grandparents be prohibited from seeing their grandchildren? Do grandparents have a right to visitation? Read on to learn more.

Illinois Law Regarding Grandparent Visitation

You may be able to get court-ordered visitation with the kids. To do so, you will need to file a petition with the court for grandparent visitation. The court will consider your request if:

• The parents are divorced and at least one of the parents agrees to grandparent visitation

• One of the parents have been in jail for at least three months

• One of the parents has been declared “unfit” due to neglect, abuse, or another reason

•  One of the parents has been missing for at least three months

• The child’s parents are unmarried and not living together

What If My Children Do Not Let Me See My Grandchildren?

Some grandparents find themselves in a situation where they are not being allowed to spend time with their grandchildren. Parents do have the right to limit who spends time with their children, however, there are exceptions for grandparents. If you can demonstrate to the court that not seeing his or her grandparents damages the child’s wellbeing, the court may issue a court order requiring grandparent visitation.

When deciding whether or not to grant grandparent visitation, the court will consider: 

• Why the parent(s) do not want the children spending time with their grandparents

•  Why the grandparents are requesting court-ordered visitation

• The grandchild’s preference

• The relationship between the grandchildren and grandparents

• The grandparents past involvement with the grandchildren

In any child-related legal issue, Illinois courts prioritize one thing above all others: The child’s best interests. If you can demonstrate to the court that not seeing your grandchildren is harming their physical, mental, or psychological well-being, you may be able to get an order for grandparent visitation.

Contact a Chicago Family Law Attorney

If you are a grandparent and you have questions about custody, visitation, or guardianship, contact the The Law Office of George J. Skuros for help. Our Cook County family law attorneys understand how important grandparents are in the lives of their grandchildren. We can help you assert your rights and explore your legal options. Call us at 312-884-1222 today.

Source: 

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