Grandparents Petition for Visitation in DuPage County

 Posted on December 20, 2022 in Visitation

The relationship between a grandparent and a grandchild can be a loving, nurturing, enriching, and positive bond. For various reasons, sometimes one parent or both may restrict or sever the relationship between their child and the grandparent. This estrangement may be detrimental and have a lasting damaging effect on both the grandparent and grandchild. For instance, in the traumatic event of a parent's death, divorce, or incarceration, a grandparent can offer caregiving, stability, and even be a therapeutic source of healing for their grandchildren. 

Unless it is proven that the parent is physically endangering the child, however, a grandparent's visitation rights are limited under Illinois law. Usually, only a parent can determine who can legally have visiting time with their child. A concerned grandparent seeking visitation rights should contact a child custody attorney who can evaluate their case and strategize for a possible harmonious solution.

Factors the Petitioning Grandparents Must Prove

To receive visitation rights, the petitioning grandparent must meet the burden of proof, which can include one of the following criteria:

• The child’s parent unjustly deprived the grandparent of parenting time

• The child’s parent is negligent or abusive

• For three months or more, the child’s parent has been incarcerated

• For three months or more, the child’s parent has been missing

• The child’s parent is deceased

• The child was born out of wedlock and now resides with a single parent

• The child’s parents are divorced

• One parent of the child does not object to the grandparent receiving parenting time

Common Considerations of the Court

Before reaching a decision, the court may evaluate the following aspects of the family dynamic:

• Is the child at least one year old?

• Is the child mature enough to form and express their own preference?

• Are the grandparents in good mental and physical health?

• What was the grandparent-grandchild relationship like before the forced estrangement?

• Why are the grandparents petitioning for visitation rights?

• Why do the parents deny their child’s grandparents visitation rights?

• How many hours of visitation are the grandparents requesting?

• Has the child spent six months or more with the grandparents?

• Have the grandparents been the child’s primary caregiver for six months or more?

• Have the grandparents spent 12 months or more regularly with the child?

• Has the loss of the grandparent-grandchild relationship impaired the child’s emotional or physical welfare? 

Contact a DuPage County Child Custody Attorney

At Pesce Law Group, P.C., our trustworthy and determined child custody lawyers aim for peaceful solutions. Proficient in negotiation, we understand the sensitive nature of visitation disputes and provide sound advice and diligent representation. We are a full-service family law firm and offer flexible appointment times and convenient payment plans. If you are a grandparent seeking visitation rights with your grandchild, contact a Naperville divorce attorney at 630-352-2240 for a free consultation.    

Sources:

https://www.ilga.gov/legislation/ilcs/documents/075000050K602.9.htm