Can I Get Court-Ordered Visitation With My Grandchildren?

 Posted on October 10, 2024 in Family Law

Spending time with your grandchildren may be one of your greatest joys in life. Being a grandparent is far different from being a parent. Instead of being responsible for a child’s upbringing 24/7, you are only responsible for loving and perhaps spoiling them a bit. If you are not being allowed to see a grandchild you have an established relationship with, you might be able to go to court to enforce your grandparents’ rights. However, courts will only help grandparents assert the right to see their grandchildren under limited circumstances. A Schaumburg, IL family law attorney can help determine whether you might qualify for court-ordered visitation with your grandchildren.

When Can a Grandparent Enforce Visitation Rights? 

While having your adult child refuse you access to your grandchildren can be heartbreaking for all involved, parents do have a right to decide who their children should spend time with. If your adult child has made this parenting decision and the only issue is a family dispute, you may not be able to convince a court to override his or her choice in this matter. You may be able to get court-ordered time with your grandchildren if: 

• The child’s parents are not together - If your grandchild’s parents have gotten divorced or do not live together, and one parent is keeping you from seeing your grandchildren, the court might formally grant you visitation rights. 
• Your adult child is missing or deceased - If your grandchild’s parent has passed away or has been absent from your grandchild’s life for at least 90 days, you may be able to petition the court for visitation with your grandchildren. This is a common situation when the adult child struggles with substance abuse, and the grandparents fill an essential role by providing stability and family connections to the children. You may also get visitation if your child is living and present but completely incapacitated. 
• Your adult child is in jail - If your son or daughter has been in jail or prison for at least 90 days or has been sentenced to at least 90 days, the court may grant you visitation rights that will last at least until your child has been released. 
• The child’s parents have been deemed unfit - If your grandchild’s parents or parent has been declared unfit or unsuitable to care for the child, which may happen after a DCFS investigation, you may be able to secure visitation rights so you can maintain a relationship with your grandchildren. 

Contact a DuPage County, IL Family Law Attorney

Anderson Attorneys, P.C. is committed to helping grandparents and their grandchildren maintain strong family relationships. Experienced Schaumburg, IL grandparents’ rights lawyer Jon Anderson will do all he can to help you secure time with your grandchildren through court action. Contact us at 847-850-8899 for a complimentary consultation.