Maurizio & Sharpe Attorneys at Law

 

How grandparent visitation works in Illinois

| Jun 1, 2020 | Divorce |

If your adult child is getting divorced, the first thing on your mind is likely providing them whatever support they need. It’s possible that during this time the allocation of parental responsibilities may change, placing your ability to see your grandchildren at risk.

You may be used to seeing your grandchildren whenever you want to. But this might not be the case after their parents’ divorce. By understanding how grandparent visitation works in Illinois, you can take steps to have continued access to them.

Understanding grandparent visitation

If your child’s spouse is the party with the majority of parenting time, you may lose access to your grandchildren. They may try to keep you from them, even if your child tries to arrange visits. You may decide to pursue a petition to receive court-ordered visitation with your grandchildren. But you must prove an unreasonable denial of access has occurred in this case.

Several factors contribute to whether your petition receives approval. The main consideration is whether visitation is in your grandchildren’s best interest. If your absence would have adverse effects on their well-being, it may be. The length and quality of relationship with your grandchildren will also hold sway in a court’s decision. Yet, challenges can arise if the parent with primary responsibilities disagrees with the proposed visitation. In this case, a hearing will occur. If your petition faces rejection, it can be modified by stipulation. It can also be modified by the court if they discover endangerment to your grandchildren’s well-being.

Making visitation happen

Your relationship with your grandchildren is one that’s worth preserving. If it’s threatened by your adult child’s divorce, it’s crucial to continue it by pursuing visitation rights. A family law attorney can help you work through the process.