Schaumburg Grandparents' Rights Lawyer

Schaumburg Family Law Attorney for Grandparent Visitation Rights

The legal rights of grandparents vary from state to state. In Illinois, grandparents do have the right to petition the court for visitation rights that will allow them to spend time with their grandchildren, but only under certain conditions. In some cases, grandparents may also petition for custody of their grandchildren as well. At Anderson Attorneys, P.C., we work with grandparents who are seeking visitation rights, and we can also provide representation for parents in these cases, helping them determine the best steps to take to protect their children's best interests. We are constantly mindful of the best interests of the children involved in these cases, and we strive to resolve these matters through negotiation whenever possible. However, we can also provide representation in litigation if necessary.

Grandparents' Rights Under Illinois Law

In Illinois, parents have the right to determine what type of relationship their own parents will have with their children. It is the parent's right to allow or disallow their parents to visit or spend time with their children. However, there are some cases where grandparents may be able to overcome the objections of their child or their child's current or former partner to ensure that they will be able to have visitation time with their grandchildren.

Grandparents may take legal action in situations where they believe that they have been denied a relationship with their grandchildren and that this denial will cause the child to suffer physical harm or emotional trauma. In general, there are only a few situations where grandparents may file petitions for visitation. These circumstances include:

• When a grandchild's parents do not live together: If a child's parents are divorced or legally separated, and one parent has objected to allowing the child to spend time with their grandparents, the grandparents may request visitation, as long as this would not interfere with a parent's parenting time.
• When one parent is absent: If a parent has been missing for at least 90 days or has abandoned their child, and the other parent has denied visitation to grandparents, the grandparents may take action to request visitation rights.
• When one parent is deceased: After the death of one parent, grandparents may take steps to address a denial of visitation by the other parent.
• When one parent is incarcerated: If a parent has been sentenced to serve at least 90 days in jail, grandparents may request visitation to ensure that their grandchild will receive the proper care.
• When one parent is disabled or incapacitated: If a parent has been declared incompetent or unfit to provide the necessary care for their child, grandparents may take steps to ensure that they will be able to be involved in the child's life.

A grandparent can petition the court for visitation rights and request that they would be able to spend similar amounts of time with grandchildren that they would have enjoyed if their own child were available to permit it. If a grandparent has been the primary caregiver of a child for a significant period of time, that grandparent may be able to petition for custody of the child. In some cases, such as when both parents are unavailable to provide care for a child, a grandparent may seek to establish legal guardianship to ensure that they will be able to provide for the child's needs.

In all cases, the family court will only grant visitation, custody, or guardianship to grandparents if it is deemed in the best interest of the child. The court may consider a variety of issues when determining what would be in the child's best interest, including the previous relationship between the grandparent and grandchild, the mental health and physical capabilities of the grandparent and other parties involved in the case, the wishes of the child, whether the parent's denial of visitation to a grandparent was in good faith, how visitation arrangements would affect children's regular routines and activities, and what steps can be taken to prevent the child from being exposed to conflict between different family members.

Contact Our Schaumburg Grandparents' Rights Attorney

If you are involved in a dispute over your rights as a grandparent, or if you are a parent who is concerned about how grandparent visitation and custody rights will affect your child, contact us at 847-850-8899 to schedule a free consultation. We work with clients throughout the Chicago area from our Schaumburg law office.