Can Grandparents Get Visitation Rights in Chicago? Here’s When Illinois Law Allows It

Family relationships do not always stay simple, and sometimes a grandparent finds themselves cut off from a grandchild after a divorce, a parent’s death, or a falling out within the family. Many grandparents in Chicago assume they have no legal options in this situation. In fact, Illinois law does allow grandparents to petition for visitation, though only under specific and fairly narrow circumstances.

Parents Are Presumed to Know What Is Best

Courts begin with a strong presumption that a fit parent is acting in a child’s best interests when deciding who the child spends time with, including whether to allow visits with a grandparent. This presumption exists because parents generally have the right to raise their children as they see fit, and a grandparent seeking visitation must overcome it, which is not an easy task.

Illinois Law Sets Specific Qualifying Circumstances

Illinois law allows a grandparent, great-grandparent, sibling, or step parent to petition for visitation, but only if certain conditions exist. These include situations where a parent is deceased or has been missing for at least 90 days, where a parent is legally incompetent, where a parent has been incarcerated for more than three months, where the child’s parents are divorced or legally separated and at least one parent does not object, or where the child was born to parents who were never married and are not living together. The child must also be at least one year old before a petition can be filed. Without one of these qualifying circumstances, a grandparent generally cannot bring a visitation case at all.

Proving “Unreasonable Denial” Is the Real Challenge

Even when a qualifying circumstance exists, a grandparent must still show that the parent’s denial of visitation was unreasonable and that it has caused, or is likely to cause, real harm to the child’s mental, physical, or emotional wellbeing. Courts look closely at the reasons behind a parent’s decision, and a parent with genuine, child focused concerns is treated very differently than a parent withholding visitation out of personal conflict. Even once granted, visitation is not necessarily permanent. A parent can return to court to ask that it be modified or ended if circumstances change in a way that would serve the child’s best interests.

Get Legal Guidance Before You File

Grandparent visitation cases in Chicago involve a demanding legal standard, and a petition that does not meet the statutory requirements can be dismissed before it is ever heard on the merits. The experienced Chicago family law attorneys at Arnoux Sharma Standeford, LLC help grandparents evaluate whether they qualify to seek visitation and, when appropriate, build the strongest possible case. If you are a grandparent who has been denied access to a grandchild, or a parent facing a grandparent visitation petition, our Chicago grandparent visitation lawyers are ready to discuss your situation and explain your legal options.

Source:

ilga.gov/documents/legislation/ilcs/documents/075000050K602.9.htm