Legal Rights Of Grandparents In Illinois

  • As a grandparent, can I petition for allocation of Parental Responsibilities?

One of the Child’s Parents is Deceased

  1. received supervision for or been convicted of any violation of Section 11–1.20, 11–1.30, 11–1.40, 11–1.50, 11–1.60, 11–1.70, 12C-5, 12C-10, 12C-35, 12C-40, 12C-45, 18–6, 19–6, or Article 12 of the Criminal Code of 1961 or the Criminal Code of 2012 directed towards the deceased parent or the child; or
  2. received supervision or been convicted of violating an order of protection entered under Section 217, 218, or 219 of the Illinois Domestic Violence Act of 1986 for the protection of the deceased parent or the child.

What about when the child’s parents just will not let you see your grandchild?

The Good News: Illinois has a statute that addresses “visitation” by certain non-parents.

The Bad News: Parents are presumed to be fit. Parents have the right to limit or restrict a family member’s access to their child.

FILING A PETITION IN A PENDING DIVORCE OR ANY CHILD-RELATED ACTION

Thinking about filing a petition for visitation for your Grandchild?

  1. the wishes of the child, taking into account the child’s maturity and ability to express reasoned and independent preferences as to visitation;
  2. the mental and physical health of the child;
  3. the mental and physical health of the grandparent, great-grandparent,sibling, or step-parent;
  4. the length and quality of the prior relationship between the child and the grandparent, great-grandparent, sibling, or step-parent;
  5. the good faith of the party in filing the petition;
  6. the good faith of the person denying visitation;
  7. the quantity of the visitation time requested and the potential adverse impact that visitation would have on the child’s customary activities;
  8. any other fact that establishes that the loss of the relationship between the petitioner and the child is likely to unduly harm the child’s mental, physical, or emotional health; and
  9. whether visitation can be structured in a way to minimize the child’s exposure to conflicts between the adults.

Grandparent Rights Actions: A few more factors the court will need to consider for Grandparent Rights:

Adoption or Termination of Parental Rights and Grandparent Rights

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