Can I Petition for Visitation Rights with My Grandchild in Illinois?

 Posted on March 12, 2025 in Family Law

Illinois recognizes the important role that grandparents can play in their grandchildren's lives. However, when something like divorce, estrangement, or the death of a parent happens, grandparents might notice they are prevented from seeing their grandchildren. Illinois law does provide ways for grandparents to petition for visitation rights, but only under specific circumstances. A qualified Illinois family law attorney can explain the legal process so you understand how to navigate this challenging situation.

When Can Grandparents Seek Visitation Rights?

Grandparents in Illinois cannot automatically demand visitation rights. Instead, they must demonstrate why certain conditions make visitation necessary. Under the Illinois Marriage and Dissolution of Marriage Act, grandparents can petition the court for visitation under one of the following conditions:

• One parent has died or been missing for at least 90 days.

• One parent is legally incompetent.

• One parent has been incarcerated for at least 90 days.

• The parents are divorced or separated, and at least one parent does not object to the grandparents’ visitation.

• The child is born out of wedlock, and the parents do not live together. In this situation, the grandparents can only seek visitation if paternity has been legally established.

If any of these conditions are met, grandparents can file a petition with the court, with a copy being served to the child’s parents. They will then be given a court date to attend a hearing, the main goal of which is to prove whether grandparent visitation is in the child’s best interest. Both sides can present evidence and testimony and the court will decide whether to grant visitation.

How Can I Prove That Visitation Is in My Grandchild's Best Interests?

If one of the above conditions is met, grandparents must still prove that visitation is in their grandchild's best interests. It needs to be clear that it would have a positive impact on the child’s life. To determine this, courts evaluate several factors.

For example, if the child is mature enough to express his preferences, this is taken into consideration. The grandparents’ and grandchild’s mental and physical health and the nature and quality of their relationship are examined. The amount of time that has passed since they last had contact is another factor. Additionally, the court will consider whether the requested visitation would interfere with the grandchild’s established routine, including school and extracurricular activities.

Contact an Arlington Heights, IL Grandparents’ Visitation Lawyer

In Illinois, grandparents do not have an automatic right to visitation. However, under certain circumstances, it can be granted. Family dynamics and legal requirements can be complicated to navigate, but an experienced Arlington Heights, IL family law attorney can advocate for your rights and best interests. Call A. Traub & Associates at 847-749-4182 to schedule a private consultation.