Do Grandparents Have Visitation Rights?

grandparents with two babies

Most grandparents want to have a relationship with their grandchildren, but sometimes they are stopped from doing so. If you are a grandparent who wants to visit with your grandchildren, do you have legal options? You might. If you have the chance to ask for visitation rights, a Tazewell County grandparents’ rights lawyer from our firm can help you make your case.

When Can Grandparents Petition For Visitation Rights?

In Illinois, there is no obligation for parents to allow their children to have a relationship with their grandparents. If both parents decide that they are going to raise their kids without the influence of their grandparents, they are legally allowed to do that and there is usually no recourse for the grandparents.

Some situations can give the grandparents a chance to ask for visitation rights though. If they had regular visitation in the past and visits were suddenly cut off, the grandparents may be able to show that cutting off their visitation rights could adversely affect the well-being of their grandchildren. This is a high bar to clear since the court still tends to favor a parent’s right to decide how to raise their children.

Grandparents can also petition for visitation rights in light of certain life events. If a parent is incarcerated or passes away, they may be able to ask for visitation with their grandchild. A divorce between the parents could also give the grandparents a chance to secure visitation rights.

What Factors Can a Court Consider When Granting Visitation Rights?

Courts do favor a parent’s right to raise children how they want, but they can also be sympathetic to grandparents who are just trying to establish or keep an important relationship with their grandchildren. When evaluating whether or not a grandparent should receive visitation rights, they can consider factors like:

  • The health of the child and grandparents
  • The length and quality of the relationship between the child and their grandparents
  • Whether the child used to spend lots of time with the grandparents
  • If the child will suffer mental or emotional anguish if the relationship with their grandparent is ended

It can be tough to argue for visitation on your own. That is where a lawyer comes in.

How Can a Lawyer Help?

An experienced family lawyer from our firm can hear you out and help you build a case. We will help you make the best possible argument for visitation rights so that you can maintain that important relationship with your grandchild.

Set Up a Consultation Today

If you want to learn more about how our family lawyers can help you, contact Butler, Giraudo & Meister, P.C. We can schedule a consultation and tell you more about what we have done to help grandparents in the past and how we can help you fight for visitation rights.

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