Do Grandparents Have Rights in an Illinois Child Custody Case?

 Posted on July 19, 2024 in Child Custody

Grandparents often play an essential role in their grandchildren's lives. Most of us have fond memories of spending quality time with grandparents who loved and supported us unconditionally. Unfortunately, a child's relationship with his or her grandparents can become tenuous when the child’s parents divorce and a contentious child custody case begins.

Despite the emotional connection many grandparents enjoy with their grandchild, a court order may become necessary if the child’s parents prohibit a continuing relationship. Having an experienced Wheaton child custody lawyer answer questions and fight for grandparent visitation rights can significantly affect the outcome.

Are the Rights of Grandparents Limited in Illinois?

Under current Illinois law, grandparent visitation rights are limited, based on the presumption that parents are best suited to make decisions regarding their children. As with all decisions made on behalf of a child during an Illinois custody case, the best interests of the child will be the primary consideration when a judge decides whether grandparents should have visitation rights.

Before a judge even considers granting visitation rights to grandparents, the grandparents should have made good-faith efforts with the child’s parents to see their grandchild. The judge will consider the existing or prior relationship between the child and the grandparents, along with harm to the child, if visitation is denied. At the end of the day, however, if a parent opposes grandparent visitation, it could be difficult for the grandparents to be granted the right to visitation.

What Will the Judge Consider When Grandparent Visitation Rights Are Before the Court?

Since there is no automatic right to grandparent visitation, if both parents object to the visitation, there must be a compelling reason such visitation would benefit the child. A judge is more likely to consider grandparent visitation if one of the following is true in this situation:

• At least one parent does not object to visitation between the grandparent and the grandchild.
• One of the child’s parents is currently incarcerated or is incompetent under the law.
• One parent is deceased or has not been present for at least three months.
•  A close relationship between the child and the grandparents existed before the divorce.
• A guardianship for the child is currently in place.
• The parents have no valid reason to deny visitation between the child and the grandparents.

The grandparents must show the court that denying grandparent visitation would harm the child, which is not in the child’s best interests. The grandparent bears the burden of proof in grandparent visitation rights cases and must show that the visitation is in the child's best interests.

What is the Legal Process for Obtaining Grandparent Visitation Rights?

A skilled family law attorney will follow these steps toward obtaining grandparent visitation rights:

• A petition will be filed requesting visitation rights for the grandparent in the county where the child lives.
• The petition will include detailed facts regarding the grandparent-grandchild relationship, including the parents' current situation and the grandparents' prior and current role in the child’s life.
• The child’s parents or legal guardian will be served with papers regarding the requested grandparent visitation.
• Grandparents must be prepared to show that the child’s well-being would be harmed if grandparent visitation is denied.
• In some instances, a motion to intervene as a third-party petitioner must be filed for a grandparent to participate in the case.
• The parent or parents may be asked to engage in mediation with the grandparent; if the parent refuses, the court could order mediation.

Grandparents must be aware that their visitation rights are not on the same level as parental rights—especially when there is no dispute about the parents placing the needs and best interests of the child above all else. Because of this, grandparents must be able to present a compelling case before the court that proves the child’s best interests are served by granting grandparent visitation.

Contact a DuPage County, IL Child Custody Lawyer

Navigating the many complexities of visitation rights for grandparents can be challenging. Grandparents who want to protect the relationship with their grandchild may have a rocky road ahead if either or both parents refuse visitation. Your attorney will provide compelling evidence to show that denial of visitation is unreasonable and could cause harm to the child.

When you choose a Wheaton, IL child custody lawyer from Andrew Cores Family Law Group to assist with grandparent visitation, you will be fortunate to have a Fellow for the Collaborative Law Institute of Illinois as your advocate. To schedule a free consultation, contact Andrew Cores Family Law Group at 630-871-1002.