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Strategic Divorce

Grandparents Visitation Rights in Illinois

  • By: Michelle
  • Published: February 8, 2022

It would be nice to think that all children grow into adults and have a healthy and strong relationship with their parents. However, this is simply not the case. We encounter adults who have little desire to have their parents in their lives for one reason or another. As a result, the children of these adults do not get to see their grandparents.

It is possible that this is being done to protect the child from harm their grandparent may inflict. However, oftentimes it is a disagreement or minor issue that leads to grandparents being denied access to their grandchildren. Unfortunately for the grandparent, it is on them to argue that seeing their grandkids is in the child’s best interest.

What Are Grandparent Visitation Laws?

The most important thing to understand here is that no one, including grandparents, can interfere with a parent when it comes to how they choose to raise their child. If a parent decides they do not want a grandparent in their child’s life, that is their choice. If a grandparent wants to challenge this decision, they must demonstrate that seeing their grandchild would be essential to the child’s well-being.

How Does Grandparent Visitation Work In Illinois?

The second important thing to know is there are no federal laws regarding grandparent visitation. Instead, each state is free to create and govern this issue in its own way. This is why it is crucial to be represented by a law firm that understands Illinois state law to represent you in this matter.

The grandparent must request visitation rights through the court system. As we mentioned earlier, the grandparent must also demonstrate why this request is being made and how it will directly benefit the child in question.

One of the following reasons must be proven for an Illinois judge to grant this request:

  • The parents have divorced and one of the parents approves of visitation
  • The parent in question is unable to care for the child
  • The parent has been dead or missing for at least 90 days
  • The child’s parents are not married nor are they living together

Consult With The Illinois State Law Experts

If you are ready to take this matter to court, you should not do so alone. The state law in these types of situations can be complex and difficult to understand. This may be your only shot to prove your case to the courts, and you want to avoid making a costly mistake.

Our team at Strategic Divorce has seen it all when it comes to Illinois state courtrooms. We understand the laws of this state because we have been arguing them for decades. We understand the seriousness of grandparent visitation rights and want to help you in any way we can.

Your Free Consultation

We would like to offer you a free consultation with one of our expert attorneys. They will ask the right questions to understand your particular situation and outline the various ways we can help.

Please contact us at 847-234-4445 or submit your information via this short form.

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