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Grandparent Visitation

Des Plaines, Illinois Grandparent Visitation Attorney

Family Lawyer Advising Clients throughout Chicago and the Northwest Suburbs

Divorce affects an entire family, including extended family members such as grandparents. Grandparents’ rights to visitation are governed by state law. In Illinois, the law balances deference to a parent’s right to make decisions regarding his or her children and the active role that grandparents may have in raising their grandchildren due to death or divorce.

In some cases, grandparents, great-grandparents, and siblings may request visitation rights. For example, if a child’s non-custodial parent is absent or has died, a grandparent may obtain visitation rights. Grandparent visitation rights are complicated and legal complex situations, however, so it is highly recommended that you consult with an experienced Illinois child visitation attorney. Des Plaines child custody and visitation attorney Scott D. Rogoff is well-versed in the legal issues involved with seeking or disputing grandparent visitation rights.

In Illinois a grandparent, great-grand-parent, or sibling, may request visitation with a minor child if a parent unreasonably denies visitation and at least one of the following conditions is present:

  • The child’s other parent is dead or missing for at least 3 months
  • One of the child’s parents is incompetent
  • A parent has been in jail for the 3 months before making the request for visitation
  • The child’s parents are divorced, legally separated or in the process of getting divorced and at least one parent does not object to the visitation
  • The child was born out of wedlock, the child’s parents are not living together, and the requesting grandparent, great-grandparent or sibling is from the child’s maternal side
  • The child was born out of wedlock, the child’s parents are not living together and the requesting grandparent, great-grandparent or sibling is from the child’s paternal side and paternity has been established by a court

Grandparents seeking visitation rights often face an uphill battle at obtaining legal visitation rights. When a grandparent requests visitation, the court presumes that the parent’s decision to deny or limit visitation is appropriate. Accordingly, the grandparent must prove to the judge that the parent’s denial of visitation is harmful to the child’s mental, emotional, or physical health.

Modification of Grandparent Visitation Orders

Like all child custody and visitation orders, those involving grandparents’ rights are subject to modification if there is a substantial change in circumstances. The court may modify a grandparent’s visitation order if it finds that a substantial change has occurred and a modification is necessary in order to protect the well-being and best interests of the child.

If you feel you have been wrongfully denied visitation rights with respect to your grandchild, contact the Des Plaines family law attorney at the Law Offices of Scott D. Rogoff at (847) 768-2194 to learn more about your legal options.