What Are My Rights as the Grandparent of a Minor Child?

November 3rd, 2025 by Tiffany Hughes

When families go through significant changes such as a divorce in Illinois, separation, or the loss of a parent, grandparents often play an increasingly important role in the child’s life. However, in Illinois, grandparent’s rights are not automatic. The law generally defers to the rights of the custodial parent to make decisions about who may have contact with their child, including whether visitation with grandparents is allowed. Still, there are important circumstances under which a grandparent may legally request visitation through the court system.

When Can a Grandparent Request Visitation?

Under the Illinois Marriage and Dissolution of Marriage Act (“IMDMA”), a grandparent (as well as other non-parents such as great-grandparents or siblings) can file a petition for visitation with a minor child only under limited and specific conditions. These include:

• One or both biological parents are deceased, incompetent, or incarcerated for 90 days or more
• The parents are divorced or legally separated, or there is a pending divorce or separation case involving the child
• One custodial parent has unreasonably denied visitation, and that denial has caused the child undue emotional, mental, or physical harm
• The child was born out of wedlock and the parents are not living together

Importantly, Illinois courts presume that a fit parent’s decision to deny visitation is in the best interest of the child. Therefore, the burden is on the grandparent to prove that a denial of visitation would seriously harm the child’s well-being. This makes the process of asserting grandparent’s rights challenging, but not impossible.

What Does the Court Consider?

In determining whether grandparent visitation should be allowed over a custodial parent’s objection, the court will evaluate several factors under the IMDMA, including:

• The wishes of the child (depending on the child’s maturity)
• The mental and physical health of the child and grandparent
• The quality, length, and closeness of the existing relationship between the grandparent and child
• The reasons given by the custodial parent for denying visitation
• Whether the requested visitation would negatively interfere with the child’s regular schedule
• Whether there is any history of child abuse, parental neglect, or domestic violence
• The good faith of both the grandparent and the custodial parent

Because every family situation is different, the court considers these factors on a case-by-case basis.

A Case Study in Grandparent Visitation Rights

A key example of how courts apply these principles is found in Przemyslaw W. v. Nicole Antoinette A., 2020 IL App (3d) 190734-U. In that case, the father of a minor child sought to terminate visitation between the child and the maternal grandparents following the mother’s passing. The court found that, despite the father’s objections, continued visitation was appropriate because:

• It supported the child’s mental health and emotional well-being;
• It preserved the child’s connection to the deceased mother; and
• The child enjoyed the visitation and wanted it to continue.

The court upheld the grandparent’s rights based on a finding that ending visitation would harm the child, satisfying the high burden required under Illinois law.

Do Grandparents Ever Get Custody?

In extreme situations, such as cases involving parental neglect, child abuse, or when both biological parents are deceased or unfit, grandparents may be able to petition for parenting time (formerly called “custody”) or guardianship. While custody typically remains with a custodial parent, a grandparent may seek plenary guardianship when a child’s safety or care is at risk. These cases often involve Department of Children and Family Services (“DCFS”) investigations, and may also require legal proceedings regarding the termination of parental rights. It’s important to note that gaining custody or guardianship is distinct from visitation, and involves a much higher legal threshold.

Does Grandparent Visitation Affect Child Support?

In general, grandparent visitation does not impact child support. The obligation to pay child support remains solely with the child’s biological parents. Grandparents who receive visitation rights do not assume financial responsibility for the child unless they are granted full custody or guardianship. However, courts may consider how visitation affects the child’s schedule, including educational or extracurricular needs, when evaluating what’s in the child’s best interest.

Asserting grandparent’s rights in Illinois is a legally complex and emotionally sensitive process. Although courts prioritize the judgment of a fit custodial parent, there are circumstances where visitation with grandparents is not only appropriate, but essential to a child’s emotional well-being, especially following parental divorce, separation, neglect, or the death of a parent. Understanding the legal framework under the Illinois Marriage and Dissolution of Marriage Act, and the role of the court in balancing a child’s needs with parental discretion, is key to navigating this process. If you’re a grandparent wondering whether you may be eligible for visitation or even custody, it is crucial to explore your options and understand the burden of proof required under Illinois law.

Need More Information or Representation?

If you are getting a divorce, need assistance with obtaining grandparents rights or need representation in any other area of Family of Matrimonial Law 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 individuals navigating family law matters in Illinois, including those seeking to understand grandparent’s rights, those involved in custody disputes, those concerned about the role of a custodial parent, those needing guidance on visitation rights following parental divorce or separation, those addressing issues related to parental neglect or child abuse, those asking how child support may be impacted by grandparent involvement, those navigating the complex legal requirements of the Illinois Marriage and Dissolution of Marriage Act, those working to protect their relationship with a grandchild during or after a divorce, and those seeking clarity on their rights when custody or visitation is denied by a biological parent.

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.