Grandparents Rights and Visitation

As a grandparent, your grandchildren are the apple of your eye.  Spending time with your grandchildren is an important part of your life and theirs as well. However, you might be wondering what legal rights you have to visit them or request visitation. While there are not any federal laws that provide grandparents with visitation rights, Illinois family law does provide grandparents with visitation rights and privileges in limited circumstances, especially if the parents of your grandchildren are divorced or are were never married but are no longer dating.

If one of the parents of your grandchildren is denying you visitation time with your grandchildren, you might be able to seek court ordered visitation so you can consistently spend time with your grandchildren and be involved in their lives.

The court may grant visitation to a grandparent under the following circumstances:

• Either one or both of your grandchild’s parents are unfit parents
• You have been taking care of your grandchild while either one or both of your grandchild’s parents have been absent
• One of your grandchild’s parents has been incarcerated for at least three months or longer
• One of your grandchild’s parents is deceased or is absent for at least three months or longer
• Your grandchild’s parents are divorced and one of the child’s parents is granting you visitation
• Your grandchild’s parents are unmarried and do not live together

If you are a grandparent seeking to secure your visitation rights with your grandchildren, is important you call the experienced and reliable attorneys at The Law Office of Tiffany M. Hughes today to discuss the circumstances of your case so you can understand your legal options.

How Can I Request Visitation Rights?

Grandparents are able to petition the Illinois family law court for visitation rights with their grandchildren in the county where the children reside. You must be able to meet two basic requirements to request visitation from the court:

1. Your grandchildren must be at least one year old, and
2. One of your grandchildren’s parents must be unreasonably denying you visitation.

If you are able to meet these two basic requirements, then we will be able to file your petition in court. However, at the court hearing, you must also be able to prove one of the following conditions exist:

• One of your grandchild’s parents is deceased or has been absent without communication for at least three months
• One of your grandchild’s parents is incompetent as providing for the basic needs of the child, or
• Your grandchild’s parents are divorced or are in the process of getting divorced, or the parents are involved in a custody dispute, and one of the parents agrees to you having visitation with your grandchild.

The court will consider many factors when making a determination, most importantly, what is in the best interest of your grandchildren. You will have to prove that one parent’s refusal to allow you to have visitation with your grandchildren is harmful to the child. This can be very difficult to prove if you don’t have an attorney that solely practices and has extensive experience in this area. However, we’re here to help!

The Law Office of Tiffany M. Hughes – Experienced Grandparents Visitation Rights Lawyers

While every case is different and because there are many factors the court will consider in determining your rights, it is imperative that you obtain an experienced family law attorney from The Law Office of Tiffany M. Hughes to fight for your rights to spend time with your grandchildren. Your relationship with your grandchildren is imperative for you, but also for them. Our attorneys have the knowledge, skill and experience that you want and need fighting for you. We successfully represent grandparents on all complex and simple visitation issues, and always provide the most zealous representation.

Contact Us Today

For more information on how the reputable family law attorneys at The Law Office of Tiffany M. Hughes, P.C. can help you obtain visitation rights with your grandchildren in Cook, Kane, DuPage, Lake, Will, McHenry, and surrounding counties, contact us immediately to schedule your complementary consultation today at 773-893-0228.