Can Grandparents File for Visitation?

 Posted on February 05, 2025 in Divorce

Divorce can create complicated family situations, especially when it affects relationships between grandparents and their grandchildren. Many grandparents worry about losing contact with their grandchildren after a divorce, particularly if one parent restricts or denies visits.

Illinois law does allow grandparents to request court-ordered visitation in some cases, but the law generally favors parents' rights to decide who can see their children. Unless a parent is unfit, absent, or incarcerated, a parent’s decision to limit or deny grandparent visitation usually stands. However, in specific situations, a court may grant visitation rights if it is in the child's best interests. An Illinois family lawyer can help grandparents understand their legal options and advocate for their rights.

When Can Grandparents Get Court-Ordered Visitation?

Under Illinois law, grandparents cannot automatically demand visitation rights. However, the court may grant visitation if the grandparents can prove one of the following: 

• A parent is deceased, missing for at least 90 days, or legally incompetent.

• A parent has been incarcerated for at least 90 days.

• The parents are divorced or legally separated, and at least one parent agrees to grandparent visitation.

• The child was born outside of marriage, and the parents are not living together (grandparents can only seek visitation through the mother’s side unless paternity has been legally established).

Even if one of these conditions applies, the court will only grant visitation if it finds that denying contact between the grandparent and the child would cause harm to the child’s well-being.

How Does the Court Decide if Visitation Is in the Child’s Best Interests?

When a grandparent requests visitation, the court evaluates whether allowing it would benefit the child’s emotional and mental well-being. The judge will consider:

• The child’s preference, if they are mature enough to share one

• The grandparent’s relationship with the child before visitation was restricted

• Whether the grandparent acted as a primary caretaker for the child in the past

• The physical and mental health of the grandparent and child

• Whether the grandparent’s visits would disrupt the child’s regular schedule

• Any evidence that the grandparent’s presence would not be in the child’s best interests (such as a history of abuse, neglect, or family conflict)

Even if the court grants visitation, it may set limits on when, where, and how often visits occur. The goal is always to serve the best interests of the child rather than the personal wishes of the grandparent or parent.

Contact a DuPage County, IL Family Lawyer for Help

Grandparents facing challenges in maintaining a relationship with their grandchildren may have legal options, but Illinois law strongly favors parental rights. If you believe that being in your grandchild’s life is essential for their well-being, a Wheaton, IL family law attorney at Andrew Cores Family Law Group can help you understand your rights and work through the legal process. Call 630-871-1002 today for a consultation to discuss your case.