A marriage often turns two families into one. This is especially true when a couple has children. New babies gather people together, and children may develop close bonds with aunts, uncles, or grandparents as they get older. When a divorce happens, relationships between extended family members can become awkward. However, children and relatives may want to maintain their relationships, and grandparents and other family members will want to be sure to understand their rights after a divorce. For parents, time spent with children is outlined in a parenting plan. Instead of “custody” and “visitation,” Illinois law refers to these as “parental responsibility” and “parenting time” respectfully. In Illinois, although the rights of parents come first, a grandparent may have the right to non-parental visitation with a child depending on the circumstances. This extends to great-grandparents, siblings, and stepparents as well.
When Will a Judge Approve Non-Parental Visitation?
Non-parent family members may file for a petition for visitation after a child turns 12 months old. In cases involving divorced parents, at least one parent must typically approve of the request for visitation. A judge may grant visitation if one of the parents has died or if a parent is absent due to circumstances such as serving time in prison. Like all other family law decisions, the best interests of the child is the most important factor considered by a judge.
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