What is the Burden of Proof for Non-Parent Visitation in Illinois?

June 30th, 2025 by Tiffany Hughes

In Illinois, the law provides certain abilities for a non-parent to be granted visitation rights with a particular child or children. However, given the fact that parental rights are constitutionally protected and are not regularly interfered with, there is a burden that non-parents must prove when attempting to receive court ordered visitation with a child whose parents have refused.

Can Grandparents Get Visiting Time in Illinois?

The short answer is yes, grandparents can get visiting time in Illinois, However, the grandparents or non-parents must show that the parents of the child have unreasonably stopped the non-parent from being able to visit the child and that the parent’s actions have caused mental, physical, or emotional harm to the child.

What Are the Qualifications for a Third-Party to Have Parenting Time in Illinois?

In addition to showing that the parents are unreasonably keeping the child from the non-parent, the non-parent must make an additional showing that the parents of the child are dealing with at least one of the following circumstances:

1. One or both of the child’s parents are incarcerated for over three months;
2. One or both parents are declared unfit or the Court ordered a termination of parental rights;
3. One or both of the child’s parents are deceased or have been absent for over three months; or
4. The child’s parents agree to the third-party visitation and agree to modify their custody agreement and parenting schedule.

Unfortunately, if the non-parent cannot prove any of the above-mentioned qualifications for a third-party to have parenting time in Illinois, they will be ineligible to petition the court for third-party visitation rights of the child. Alternatively, if the non-parent has met this burden, the court will then weigh a number of factors in deciding whether they will grant the Petition thereby giving the non-parent court ordered third-party visitation in Illinois.

Some of these factors include but are not limited to: the wishes of the child depending on their age and maturity, the mental and physical health of the child, the mental and physical health of the non-parent, the length and quality of the relationship between the child and the non-parent, how much the child will be harmed without the visitation, and whether visitation can happen without exposing the child to disagreements between the parents.

Need More Information or Representation?

If you are seeking third-party visitation in Illinois, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in providing legal representation to anyone who is a third-party seeking visitation in Illinois, looking for information regarding parental rights, grandparent rights, and rights of other third-parties, fighting termination of parental rights and seeking a custody agreement and parenting schedule, or wanting to know if grandparents can get visitation time in Illinois, how and when grandparents would get custody of a child, and qualifications for a third-party to have parenting time in Illinois.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.