Grandparents should be a delight and joy to grandchildren and afford all the fun with none of the strict-parent stress! But, sometimes, family relationships sour, and grandparents are left wondering whether they will see their grandchildren again or have significant worries about their grandchild’s safety and security. The advice of an experienced Chicago, IL, grandparents visitation rights lawyer can help put your mind at ease and develop a legal approach to protect your interests.
Illinois law permits grandparents to petition the court for visitation with their grandchild or grandchildren, granting them “standing” to request it. If you have grandchildren you are not permitted to visit, or if you have serious concerns about their safety and wish to intervene as a guardian, contact Hurst, Robin & Kay, LLC, for a consultation with a compassionate attorney.
How Can A Chicago Grandparents Visitation Rights Lawyer Help Me?
For an Illinois grandparent to exercise visitation rights with their grandchild, they must file a petition with the court. This can be more complex than many people think. A seasoned attorney can properly draft and file your petition and advise you of what kind of support, evidence, and consent a family law judge requires to approve it.
To successfully file the visitation petition, you must demonstrate that there has been an unreasonable denial of visitation privileges with your grandchildren by at least one of their parents. In addition, you and your attorney must prove that at least one of these factors exists:
- A judge has deemed one parent to be incompetent
- One parent is dead or has been missing for at least three months
- The child’s parents are legally separated, divorced, or going through a custody dispute
- One parent has been in jail for at least three months prior to the grandparent filing the petition
The child was born out of wedlock, the parents do not live together, and the grandparent petitioning for visitation is either the maternal grandparent or (if paternity is established) the paternal grandparent.
We guide you through the petitioning process and can help present your cause to a judge. In addition, our attorneys can negotiate an out-of-court agreement with the child’s parent or parents. We represent your rights and the interests of your beloved grandchild.
Can I Exercise My Grandparent’s Rights In Illinois?
A Chicago family law judge considers several factors when awarding grandparents visitation rights, chief among which is the child’s best interest. However, the courts also think about the following:
- What the grandchild wants
- How strong the relationship between grandchild and grandparent is
- The child’s mental and physical health
- Why the parent or parents are denying visitation
A judge will likely not grant grandparent visitation with the grandchild if it interferes with the parenting time and access of a non-custodial parent.
Experienced Chicago Family Law Attorneys
Trust a skilled grandparents visitation rights lawyer from Hurst, Robin & Kay, LLC, to fight for your access to your grandchild or grandchildren and advocate for you both in court and out. If you are a grandparent estranged or blocked from access to your grandchild, please call us for a consultation.