ILLINOIS GRANDPARENT LAW

“DO I HAVE A RIGHT TO SEE MY GRANDCHILD?”

“Millions of grandparents throughout the United States are denied visitation with their grandchildren due to

divorce or other family issues.”

PIOLETTI & PIOLETTI Bloomington, IL Family Law Attorneys

The U. S. Census results from 2000 revealed that 2.4 million children were being

raised by their grandparents. By the 2010 census, that number had more than

doubled to 4.9 million. The epidemic has grown so fast that USA.gov now has a

special webpage for grandparents seeking assistance with raising their

grandchildren. Unfortunately, this is only one side of the spectrum. Millions of

grandparents throughout the United States are denied visitation with their

grandchildren due to divorce or other family issues. In recent years, the issue of

grandparents’ rights has become hotly debated in Illinois and elsewhere.

Each state has its own laws regarding grandparents’ rights. Some states view

grandparents’ rights to visitation as a statutory right that cannot be legally denied

except by order of the court. However, Illinois has adopted the view that

visitation by a child with his or her grandparent is a privilege for the grandparent

and not a statutory right. This problem usually arises in cases of divorce where

one parent receives sole custody of the children and denies his or her former in-

laws visitation with the children.

Is there anything a grandparent can do in Illinois to obtain a court order allowing

visitation with his or her grandchild?

Illinois Grandparents’ Rights Petitioning the Court for Visitation The Illinois Marriage and Dissolution of Marriage Act does not automatically grant

visitation rights for grandparents with their grandchildren. However,

grandparents do have the legal right to petition the court under 750 ILCS 5-

607(a)(3) for court ordered visitation with their grandchildren.

The laws do not state that the petition will be granted but it does give

grandparents an opportunity to be heard in court. It is always in the best interest

of all parties to settle the matter outside of court if possible. An Illinois family law

attorney can help mediate in some situations to avoid involving the court.

A grandparent must remember that the court will assume that the custodial

parent is making the choice to deny visitation with the grandparent for a valid

reason. In order to refute this assumption, the grandparent must prove to the

court that denying visitation with the grandparent is harmful to the child’s

emotional, mental, or physical health.

Who is Eligible to File for Grandparents’ Rights in Illinois?

The Illinois statutes governing grandparents’ rights require the petitioning

grandparent to prove that there has been an “unreasonable denial of visitation”

by the child’s parent. In addition, the grandparent must prove one of the

following situations exist:

The child's other parent is deceased or has been missing for at least 3

months.

A parent of the child is incompetent as a matter of law.

A parent has been incarcerated in jail or prison during the 3-month period

preceding the filing of the petition.

The child's mother and father are divorced, have been legally separated

from each other, or there is a pending dissolution proceeding involving a

parent of the child and at least one parent does not object.

The grandparent is a maternal family member if the parents are unmarried

and paternity has not been established.

The grandparent is a paternal family member if the parents are unmarried and

paternity has been established.

How Does The Judge Decide If A Grandparent Should Have Court Ordered Visitation With The Grandchild?

Unfortunately, simply proving that the unreasonable denial of visitation is harmful

to the child’s emotional, mental, or physical health and that one of the above

situations exists will not guarantee that the grandparent will be granted court

ordered visitation with the grandchild.

In addition to providing the

requirements for eligibility to

file a petition seeking the right

to visitation, the statute also

provides factors that the judge

must use when making a

decision whether to grant the

grandparent court ordered

visitation with the child.

These factors include:

The wishes of the child in question;

The emotional, mental, and physical health of the child;

The emotional, mental, and physical health of the grandparent seeking

visitation;

The reasons why the grandparent filed the petition;

The reasons why the parent or custodian denied visitation with the

grandparent;

The amount of visitation the grandparent is seeking;

The past contact between the child and the grandparent; and,

Any other relevant factors the court deems just to consider.

Because the issue of grandparents’ rights is still a hotly debated legal issue, it is

important to hire an experienced and skilled family law attorney who is familiar

with the most recent case law and statutes governing grandparents’ rights in

Illinois.

Contact Our Office for a Consultation with an Experienced Illinois Family Law Attorney

Serving Our Clients with Sound Guidance and Unparalleled Dedication

The domestic law lawyers of Pioletti & Pioletti represent individuals who need

help resolving family law issues. We assist clients throughout McLean,

Woodford, Tazewell, and

Peoria counties by

providing compassionate,

competent legal services.

Contact our office at 309-

938-4838 to schedule

your free consultation.

When you need the

assistance of an

experienced family law attorney in central Illinois, call Pioletti & Pioletti. We are

dedicated to providing our clients with exceptional service and support.

About Pioletti&Pioletti

Serving Our Clients with Sound Guidance and Unparalleled Dedication Pioletti&Pioletti is a full service law firm that represents individuals and businesses in a variety of areas of law including criminal defense, family law, bankruptcy, and estate planning. Pioletti&Pioletti has a long history in central Illinois. Our firm was founded in 1938 with a focus on estate planning, real estate, and business services. Today we are a versatile firm providing a group of services including criminal defense, family law, bankruptcy, and civil litigation representation. Our focus is on providing outstanding legal representation with unmatched personal service. We are available through email, 24 hours a day, 7 days a week. Pioletti&Pioletti 107 E. Eureka, Suite 1, Eureka IL 61530 Phone: +1 309-467-3213 Website: www.piolettilaw.com 121 N. Main St.,Bloomington IL 61701 Phone: +1 309-821-0246 Website: www.piolettilaw.com