Illinois Grandparents' Rights in Custody and Visitation
Experienced Family Lawyers Helping Grandparents and Grandchildren
There are a number of circumstances under Illinois family law in which grandparents have a right to visitation with their grandchildren. In some cases, grandparents can even be awarded custody.
In Illinois, a grandparent's right to visit a grandchild exists only through their relationship with their son or daughter, the parent of their grandchild. The parent of the child controls what, if any, time the grandparents may spend with the child.
It is assumed that the parent will protect the relationship between the grandchild and the grandparent. If the parent cannot protect that relationship because the parent is disabled, deceased, incarcerated or legally unavailable, the grandparents can seek reasonable visitation from the other parent. They can seek the amount of visitation they would have had if the parent (their son or daughter) had been available to protect the grandparent-grandchild relationship.
At Anderson & Associates, P.C., we have represented grandparents seeking visitation as well as parents seeking to prevent or limit such visitation when it was not in the best interest of the child. For more than 20 years, our child custody lawyers been providing sensitive and effective legal counsel to families in the greater Chicago area.
To learn more about how we can help you with grandparents' rights, contact our law offices or call 312-345-9999 (Chicago) or 847-995-9999 (Schaumburg office) or 630-653-9400 (Wheaton office) to schedule a free initial consultation.
Grandparent Custody of a Grandchild
In general, grandparents do not have a right to custody of a grandchild. However, in situations where a grandparent has a history of being the primary caregiver for an extended period of time, Illinois family court judges have allowed the child to continue to reside with the grandparent(s) rather than be transferred to the parent(s).
Extended family often presents complications in a divorce or post-divorce situation. In our practice, we have encountered numerous situations of conflict between one parent and that parent's own parents or the former in-laws. One of the most typical problems is abusing the visitation time with grandparents to prevent visitation time with the non-custodial parent.
At Anderson & Associates, P.C., we have extensive experience in recognizing and evaluating these situations. We employ a combination of negotiation and litigation to obtain a stable, effective arrangement that protects the rights of parents and grandparents and the best interest of the child.
To speak with an experienced child custody attorney, contact our Chicago area law offices in Wheaton, Chicago or Schaumburg to schedule a free initial consultation.
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