There is nothing quite like being a grandparent. You get another chance to help raise and shape children, yet this time, you get to focus on the fun stuff and not discipline. However, being a grandparent is not always easy. If your son or daughter is going through a divorce or has children while unmarried, you may have a difficult time seeing your grandchildren. You may have had to fight to establish a relationship with your grandkids from the very beginning or a new situation may have cut off contact. Whatever your current circumstances, call me today to learn about your legal rights and options.
You Are Not Guaranteed a Relationship with Your Grandchildren
Under Illinois law, the grandparent-grandchild relationship is a privilege. It is not a right. Statute 750 ILCS 5/602.9(b)(4) specifically states there is a rebuttable presumption that a fit parent’s decisions in regard to grandparent visitation are not harmful to a child’s mental, physical, and emotional wellbeing. As a grandma or grandpa, you have no inherent legal right to time with your grandchildren. A court will assume a parent’s decision to deny you time and communication is reasonable.
You Can Ask for Visitation with Your Grandchildren
While you do not have an absolute right to a relationship with your grandchildren, in certain circumstances, you have the option to petition the court for time with them. Illinois law recognizes that there may be situations in which it is important for you to build or retain a relationship with a grandchild. If you file a petition for visitation, you must overcome the rebuttable presumption that the parent’s decision is right and appropriate. You have to offer up evidence that the parent’s decision to keep you away from your grandchild is harmful.
Circumstances That May Warrant Grandparent Visitation
Based on 750 ILCS 5/602.9(c), you can ask for visitation and/or electronic communication with a grandchild if you are being unreasonably denied access by a parent, which is causing undue mental, physical, or emotional harm to the child, and one of the following conditions exists:
- The child’s other parent is deceased or has been missing for at least 90 days.
- A parent of the child has been deemed legally incompetent.
- A parent has been incarcerated in jail or prison for more than 90 days immediately prior to filing the petition.
- The child’s parents are separated or going through a divorce involving a parental responsibilities or parenting time matter, and at least one of the parents does not object to the grandparent having visitation with the child.
- The child was born to parents who are not married to each other, who do not live together, and parentage has been established by a court.
Additional Factors for the Court to Consider
The circumstances above are not all that matter in regard to grandparent visitation. A judge will do more than look at your and your family’s specific circumstances. He or she will consider:
- The wishes of the child, depending on his or her age, maturity, ability to express him- or herself
- The mental and physical health of the child
- Your mental and physical health
- The length and quality of your previous relationship with your grandchild
- Your good faith in filing a petition for visitation
- The good faith of the parent denying you visitation
- The quantity of visitation you requested and its potential impact on the current parenting plan
- Whether visitation can be planned in a way to minimize the child’s exposure to adult conflicts
- Whether the child has lived with you for at least six consecutive months or more without any parent present
- Whether the child had frequent and regular contact or visitation with you for at least 12 consecutive months
- Whether you were the child’s primary caretaker for a period of at least six months within the immediately previous two years
- Any other fact that establishes that a loss of the relationship between you and your grandchild would be harmful
Contact me for Help Today
If you are a grandparent who wants to build a relationship with a new grandchild or your on-going relationship with a grandchild is being denied, contact me online or by calling (312) 621-5234 to set up an initial consultation.
