Grandparent Visitation (Parenting Time) Rights

A Chicago Grandparents’ Rights Attorney

Illinois law does allow for grandparents to enjoy visitation with their grandchildren. The law allows for such visitation by granting grandparents “standing,” which means they have the right to request visitation. If you have grandchildren and wish to have visitation with them, you should contact the dedicated attorneys at Taradash Given, P.C. in order to discuss your unique situation and to get some solid, legal advice. To speak to a knowledgeable family law attorney, call us at (312) 775-1020 or fill out our on line form and an attorney will reach out to you.

Establishing Visitation Rights for Grandparents

In Illinois, grandparents wishing to exercise visitation with their grandchildren have to file a Petition with the court. In addition to visitation, grandparents also have standing to petition the court for electronic communication with their grandchildren. In order to file the Petition for Visitation, a grandparent would have to first show that there has been an unreasonable denial of visitation by a parent and at least one of the following factors exists:

  • The child’s other parent is dead or has been missing for a minimum of three (3) months;
  • One of the parent’s has been deemed incompetent by a judge;
  • One of the parent’s is in jail or in prison for a 3 month period before filing the Petition;
  • The parents are divorced, legally separated or are going through a divorce or a custody battle;
  • The kid is born out of wedlock, the parents are not residing together and the grandparent seeking visitation is the maternal grandparent; or
  • The kid is born out of wedlock, the parents do not live together, the grandparent asking for visitation is the paternal grandparent and the paternity of the child has been established.

There are several factors a court will consider when deciding whether to grant visitation rights to a grandparent. Some of the factors are:

  • The wishes of the child;
  • The health (mental and physical) of the child;
  • The quality of the relationship between the child and the grandparent; and
  • The reasons of the parent not agreeing to the visitation.

Keep in mind, if the court does grant visitation to a grandparent, then the visitation time cannot take away from the visitation time of the parent not related to the grandparent.

Once Visitation Rights Have Been Established

If the Court grants a grandparent visitation rights, then the Order which sets forth the visitation schedule cannot be modified within the first two years of its entry, unless the child is in a dangerous environment. This moratorium on attempting to modify the visitation Order allows for stability for the child. In order to modify the visitation schedule, a parent would have to prove that there has been a change in the circumstances of the child or his custodian and that the modification is in the kid’s best interests.

Experienced Family Law Attorneys

The dedicated and knowledge family law attorneys at Taradash Given, P.C. have the experience you need to protect you. If you are a grandparent and wish to have visitation with your grandchildren, please call us at (312) 775-1020 or contact us on line and we will provide you with a free consultation.

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