Can Grandparents Get Visitation Rights in Illinois?

 Posted on March 05, 2025 in Family Law

Grandparents hold a special place in their grandchildren's lives. Their presence offers love, support, and guidance, which helps to create a strong family bond. However, when family relationships become strained, grandparents may find themselves unable to see their grandchildren. This can be very painful, especially if a child has lost a parent or if a divorce or separation has caused family divisions.

In Illinois, grandparents have the right to ask for visitation with their grandchildren, but the law does not guarantee that visitation will be granted. Grandparents must first prove to the court that visitation is in the child’s best interests.

Speaking with an Illinois family law attorney about grandparents’ rights is a great step toward handling your concerns.

What Does Illinois Law Say About Grandparent Visitation?

Grandparent visitation rights are dictated by Illinois law, which says that a grandparent can ask for visitation only under specific circumstances. The law prioritizes parental rights and assumes that a typical parent's decision to deny grandparents visitation would be in the best interests of the child. However, a grandparent may ask for visitation if they can prove that the child would suffer serious harm if visitation were denied.

Illinois law allows grandparents to request court-ordered visitation if one of the following conditions applies:

• One of the child's parents is deceased or missing for at least 90 days.

• One of the child's parents is legally incompetent.

• One of the child's parents has been incarcerated for at least 90 days.

• The child’s parents are divorced, legally separated, or have a pending dissolution case, and at least one parent does not object to the visitation.

• The child was born to unmarried parents, and the grandparent seeking visitation is related to the child through the parent who has been legally recognized as the child’s father or mother.

What Is Not Guaranteed About Grandparents’ Rights in Illinois Law?

It is important to note that grandparents cannot seek visitation rights simply because they believe it would be good for the child. The law strongly protects a parent's right to make decisions for their child. If both parents agree that a grandparent should not have visitation, the court will generally side with the parents unless the grandparent can prove that no visitation would harm the child.

Can I Ask for Visitation to See My Adopted Grandchild? 

If a child has been adopted by someone other than a stepparent or another grandparent, the biological grandparents lose their right to seek visitation. This means that if a child is adopted by a new family, the original grandparents cannot request court-ordered visitation.

What Factors Are Considered When Determining Grandparent Rights?

There are many factors that the court will consider when making a decision about grandparent visitation. These factors include, but are not limited to:

• The child's relationship with the grandparents

• The reasons why the grandparents are seeking visitation

• The parents' reasons for opposing visitation, if applicable

• The child's overall well-being

The court will issue an order granting visitation rights to the grandparents if it finds that visitation is in the best interests of the child. That order will detail exactly when and where the visitation will happen. 

How Can I Prove Visitation with My Grandchild is in the Child’s Best Interests? 

Grandparents who want visitation with their grandchildren must show that not having visitation would harm the child's mental, emotional, or physical well-being. This is a major challenge because courts assume that if a good parent says a child cannot see his or her grandparent, that decision is correct until proven otherwise.

Some of the strongest types of evidence include testimony from mental health professionals, statements from teachers or religious leaders who know the child well, proof the grandparent has been involved in the child’s life, medical reports, behavioral reports, or other evidence suggesting the child is suffering from not being able to see his or her grandparent.

What Can Grandparents Do to Increase Their Chances of Getting Visitation?

Here are some things grandparents can do when seeking legal visitation rights:

• Build a strong connection with your grandchildren. The more you are a part of their lives, the better chances the court will see visitation as a positive choice.

• Keep track of your time together, activities, and what the child shares with you. This record helps prove visitation is good for them.

• Be ready to address parents' concerns. Parents might worry about your influence, care abilities, or relationship with the child. Be prepared to explain why your visits are beneficial for the child, even if the parents think they are not.

• Work with an attorney experienced in family law matters. An attorney can help grandparents understand their rights, build a strong case, and navigate the legal process.

Contact a DuPage County, IL Grandparents’ Rights Lawyer

The legal process can be long and frustrating. Grandparents should be patient in their efforts to obtain visitation rights. These rights are not guaranteed. However, working with a Wheaton, IL family law attorney, like those at Andrew Cores Family Law Group, can help you navigate this challenging process. Contact one of our attorneys at 630-871-1002 for a free consultation.