When you learn that you’re going to be a grandparent, it can be an incredibly exciting time. However, if you are no longer in contact with your child and grandchild, you may wonder what, if any, rights you have to visitation. It’s important to understand that you may be able to seek visitation rights with your grandchild under certain circumstances. If you are a grandparent in Illinois and require assistance getting visitation rights, continue reading and reach out to our experienced Peoria County family law attorney.
Why Grandparent Visitation Rights Are Limited in Illinois
There are no federal laws governing visitation rights for grandparents. It is generally up to the parents of the child to determine who can spend time with the child, as the courts believe the parents will make decisions that reflect the best interests of the child. However, in some cases, Illinois grandparents have a limited legal right to visit their grandchildren.
When Grandparents May Petition for Visitation Rights in Illinois
Under 750 ILCS 5/602.9 Sec. 602.9, the following family members can get a court order for visitation: grandparents, brothers, sisters, great-grandparents, and step-parents. It’s important to understand that these rights are not automatic and proof beyond a disagreement must be provided.
Qualifications a Grandparent Must Meet
For a grandparent to be granted visitation, they must meet the following qualifications:
- Prove that they have been unreasonably denied visitation by a parent
- Prove one of the following statements:
- A parent of the child is legally incompetent
- A parent has been incarcerated for at least three months
- A parent of the child is deceased
- A parent of the child has been missing for at least three months
- The child was born outside of marriage, and the parents are not living under the same roof
- The child’s parents are divorced or legally separated
- The child’s parents are pending dissolution or custody proceedings, and at least one parent has no objection
Additional Circumstances the Courts Consider
In addition to the aforementioned factors, the courts will consider the following elements when determining whether or not to grant a grandparent visitation rights:
- Whether or not the child previously spent significant time with the grandparents
- If cutting off the relationship would emotionally or mentally harm the child
- If visitation would interfere with parenting time
- If the grandparents were ever the caretakers of the child
- If maintaining the bond is in the child’s best interests
What Do Illinois Courts Consider When Deciding Grandparents’ Visitation?
If the grandparent can prove the above qualifications, the court must then examine whether or not the relationship would be in the best interest of the child. There are a number of important factors the courts must consider. This is generally one of the most important matters, as the courts must ensure that the child’s best interests are upheld above all else during any custody or visitation decision.
Best Interest Factors the Courts Commonly Review
- The grandparents’ motive in seeking visitation
- The grandchild’s preference, depending on the child’s maturity
- The mental, emotional, and physical health of the child
- How often the grandchild and grandparent have been in contact over the past year
- The mental and physical well-being of the grandparent
- The relationship between the child and the grandparents
- If the time requested will have a negative impact on the child and their schedule
- If the parenting time being denied by the parent was in good faith
- If the child lived with the grandparent
- If the grandparents as the primary caretaker of the child for at least six months
Practical Steps a Peoria Grandparent Should Take Before Filing
If you are considering filing for visitation rights with your grandchild, you may want to consider taking the following steps before beginning this process:
- Attempt a civil discussion with the parents
- Document missed visits and prior involvement in the child’s life
- Gather evidence showing a meaningful relationship with the child
- Contact an experienced attorney to understand the procedural requirements you’ll need to meet during this process
Contact Our Experienced Illinois Family Law Firm
At Butler, Giraudo & Meister, P.C., a Peoria County and Peoria divorce lawyer will help you navigate the challenges of any divorce or family law matter you may be facing. Our team understands how difficult it is when you are denied visitation with your grandchild, which is why we are dedicated to helping you fight for the best possible outcome for your circumstances. Illinois requires grandparents to reach a high legal burden of proof, so these cases often requie detailed evidence and skilled legal advice. Contact us today to learn how we can represent you during these complicated and emotional matters.
