Caring Family Law Attorneys Helping Grandparents and Certain Other Non-Parent Establish Their Visitation Rights
In Illinois, grandparents, great-grandparents and siblings have the right to bring an action requesting visitation, or in-person time with a child they are related to (and the child’s parent) under state law, provided they meet certain requirements. At Beck & Houlihan, P.C., we can assist grandparents in pursuing visitation with their grandchildren. We have extensive experience working in the field of family law, using our knowledge to provide efficient solutions for individuals and families. Our attorneys are happy to help assist you with your case and provide guidance on visitation matters.
Unreasonable Denial of Visitation
In order for a grandparent to file for visitation rights, there must have been an unreasonable denial of visitation by a parent, and one of the following must apply:
- The child’s other parent is deceased or has been missing for at least three months.
- A parent of the child is incompetent.
- A parent has been incarcerated in jail or prison during the three-month period preceding the filing of the petition.
- The child’s mother and father are divorced or have been legally separated from each other (or there is a pending dissolution proceeding) and at least one parent does not object to the grandparent visitation with the child.
- The child’s were not married, the parents are not living together, and the petitioner is a maternal or paternal grandparent where paternity has been established.
Grandparent Visitation in Illinois
To seek visitation rights as a grandparent, you can file a petition for visitation and/or electronic communication rights. This can be filed in conjunction with any proceeding involving divorce, child custody, or visitation, or on its own.
In deciding whether to grant visitation, the court will consider the following factors:
- Preference of the child (if of sufficient maturity to express a preference)
- The mental and physical health of the child
- The mental and physical health of the grandparent
- The length and quality of the relationship between the child and grandparent
- The good faith of the party in filing the petition
- The good faith of the person denying visitation
- The quantity of visitation time requested and any potentially adverse effect on the child’s established activities
- Whether the loss of relationship will cause harm to the child
- Whether the child has ever resided with the grandparent for at least 6 consecutive months
- Whether the grandparent had regular contact or visitation with the child for at least 12 consecutive months
- Whether the grandparent was a primary caretaker of the child for 6 months or more
The court also will consider any other fact that speaks to the loss of the relationship between grandparent and child harming the child’s mental, physical or emotional health.
Can Collaborative Law or Mediation Help?
Courts typically prefer that families work out the details of visitation with relatives amongst themselves or participate in mediation services to help work out an agreement. Mediation can be especially effective when the attorneys involved have the legal experienced associated with this area of the law and specific experience in collaborative law and mediation. Beck & Houlihan, P.C., is the preeminent law firm for alternative dispute resolution in Wheaton with significant experience in family law, divorce, parental responsibilities, and grandparent visitation. Contact us at 630-398-3185 to schedule a consultation.