Grandparents Visitation Rights Lawyer Chicago, IL
As a grandparents’ visitation rights lawyer in Chicago, IL, from Hurst, Robin, Kay & Allen, LLC, may tell you, the talented and respected author Alex Haley once mused that: “Nobody can do for little children what grandparents do. Grandparents sort of sprinkle stardust over the lives of little children.” Unfortunately, not all grandparents who care about their grandchildren and want to remain active in their lives are given the opportunity to exercise this kind of influence. Due to various challenges, grandparents and grandchildren are sometimes kept apart.
As a result, many grandparents are left wondering whether they have any legal rights to see their grandchildren, either at the holidays or on a fairly regular basis. The answer to this general query is not straightforward. A range of factors, including state law and family-specific circumstances, affect the answer to this question when a particular grandparent seeks it. As a result, it is a good idea to speak with our team when exploring any rights you may have to grandparent visitation. If you contact our firm, we will be happy to speak with you and provide insight after we learn about your situation.
To learn about grandparents’ visitation rights in Chicago, IL, consult our lawyer at Hurst, Robin, Kay & Allen, LLC. If you are a grandparent who has been blocked from having contact with your grandchild or fear that you may be in the future, it’s important to understand your legal rights as well as limitations. Not all grandparents who petition the court for visitation are successful. This may be because they do not meet the eligibility criteria, or because they did not hire a grandparents’ visitation rights lawyer in Chicago, Illinois. Others who already have access to their grandchildren may wish to increase visitation but will likely not be successful in petitioning a judge for additional time. Also, if the child’s parents have lost their custody rights, then the grandparents will probably lose all visitation rights. Our lawyer in Chicago, IL, can verify this after reviewing the circumstances.
The Supreme Court’s Ruling on Grandparents’ Visitation Rights
Although state laws vary in the details of grandparents’ visitation rights, the U.S. Supreme Court has held that grandparents have a legal right to visit their grandchildren, subject to certain considerations. Our grandparents’ visitation rights lawyer in Chicago, IL, can determine if any of the following apply in your case:
- The parents’ reason for not allowing you to visit your grandchildren may affect the Judge’s ruling on your petition for visitation rights. For example, if the child’s parent claims that you are a danger to the child and that is why they do not want to give you visitation rights, a judge may want to consider the evidence of this before ruling.
- If the parent claims that your visitations will infringe on their own rights to spend time with their child or cause the parent or the child great stress, a judge may not rule in your favor.
Seeking Custody of a Grandchild
Beyond visitation rights, a grandparent may, in some cases, seek custody of their grandchild. Most often, this occurs when the legally recognized parent is deemed unfit to take care of their child, and a grandparent steps in to take their place. That said, though one parent of the child may have neglected or abused a child, this does not guarantee that the grandparent will be granted custody. The child’s other parent will normally be granted priority over a grandparent for custody. However, the court is responsible for considering the child’s best interests when determining who should be granted custody. As our grandparents visitation rights lawyer in Chicago, IL might tell you, a grandparent could be granted custody under one of the following circumstances:
- If the child has only one parent and that parent is deemed unfit to care for the child, the grandparent may gain custody.
- If one of the child’s parents dies and their other parent is deemed unfit, the grandparent might gain custody.
- If both of the child’s parents are deemed unfit, the grandparent might gain custody.
To learn more about your rights as a grandparent, call us today to discuss your case with our grandparents’ visitation rights lawyer in Chicago, IL.
When Grandparents are Granted Visitation or Custody
Fit parents are granted significant authority over their children under the law. In addition to making decisions about their children’s residences, education, and medical care, they are generally allowed to determine whom their children do and do not come into prolonged contact with. If a parent determines at the start of a child’s life that that child will not have a relationship with a specific cousin, aunt, uncle, or even a grandparent, the law tends to respect that decision.
However, there are circumstances under which grandparents may be granted visitation or even custody of their grandchildren. In most cases, visitation can be granted if the grandparent has developed a significant bond with the child. With help from a grandparents’ visitation rights lawyer in Chicago, a grandparent may be granted custody if at least one parent has been deemed unfit, has terminated parental rights, or is otherwise no longer legally able to deny the child access to that grandparent. If you have questions about grandparent custody or visitation, please do not hesitate to connect with an experienced Chicago, IL, grandparents’ visitation rights lawyer to explore your legal options.
Restrictive Versus Permissive Laws
State laws vary regarding grandparent visitation rights. Most state laws are permissive in nature, meaning that third parties (individuals who are neither biological nor adoptive parents of a child in question) may seek visitation when they feel they meet a state’s criteria for such permissions. However, some state laws are restrictive. Practically speaking, restrictive laws generally only allow third parties to seek visitation in the event that a child’s parents have divorced or at least one parent has died. Restrictive laws tend to uphold parental preference above a third party’s right to seek visitation. It is important to speak with our firm about any restrictive laws that may impact your case, whether you opt to seek visitation within this state or across state lines.
Custody Considerations
Visitation is different than custody under the law. If you hope to have your grandchild live with you and/or you want to be able to make legal decisions on your grandchild’s behalf, you may want to seek custody of that child as opposed to visitation. This is one reason why speaking with a Chicago grandparents’ visitation rights lawyer is so important. The nuances of the law often lead clients to adjust their goals after they are better informed about their legal options.
Visitation Guidance Is Available
If you have questions about grandparent visitation rights, please consider scheduling a consultation with our firm. Once we better understand the specifics of your situation, we will be able to advise you on any legal options available to you. We are passionate about helping families stay together and advancing the best interests of children involved in family legal disputes. Please consider allowing us to support you as you explore your legal options. Whether you ultimately choose to pursue legal action, request mediation, or opt not to act at this time, we want to ensure your decision-making is as informed as possible.
The Best Interests of the Child Standard
Contentious child custody and visitation matters are universally resolved according to the “best interests of the child” standard. This standard holds (broadly) that when two parties are in disagreement over child custody and/or visitation rights (and both parties are eligible to have their preferences enforced under the law), a judge must rule according to whatever arrangement is in the child’s best interests. When a grandparent meets the criteria for guardianship and/or visitation, an IL grandparents visitation rights lawyer from Hurst, Robin, Kay & Allen, LLC may argue in court that granting a custody or visitation request is in the child’s best interests.
While it is true that child custody and visitation matters are resolved under the best interests of the child standard, that standard is subjectively applied by each judge. As a result, some situations that one judge might perceive as in a child’s best interests may be perceived differently by an alternative judge. It is partially for this reason that it is so important to consult with our team about your family’s situation before committing to a specific legal approach to custody and/or visitation. Constructing the strongest possible legal strategy will help to ensure that you have the best possible chance at prevailing in regard to any contentious custody and/or visitation scenarios you may currently be facing.
Is Legal Action the Right Option for My Family?
Many parents and grandparents are unfamiliar with the term “grandparents’ rights” until a disagreement arises between the parents and grandparents, or a parent dies, and the grandparents’ relationship with their grandchildren is disrupted. When grandparents no longer have access to, or are limited in the time they can spend with, their grandchildren, they may begin to explore their legal rights to visitation. A grandparents’ visitation rights lawyer in Chicago, IL can help.
In deciding cases involving grandparents’ visitation rights, courts begin with the presumption that fit parents have the right to make appropriate decisions about who their children can see. This is because the Supreme Court of the United States has held that parents have a constitutional right to make decisions on the care, custody, and control of their children.
Nevertheless, Illinois law permits grandparents to request visitation with their grandchildren under certain circumstances. Illinois law states that a petition for grandparents’ visitation may be filed only if the parent has unreasonably denied visitation, the denial has caused the grandchild harm, and at least one of several other criteria is met. The law also focuses on the best interest of the child, and if there is a chance that visitation with the grandparent will cause emotional, physical, or mental harm to the grandchild, then chances are visitation will not be awarded to the grandparents.
Custody Rights
As a Chicago, IL, grandparents visitation rights lawyer can explain, grandparent petitions for custody are permitted under a narrower set of circumstances when the child is not in the physical custody of a parent. Grandparents who want to apply for parental responsibilities have to show that a parent who was their child is deceased and that at the time of the death, one of these factors existed:
- The surviving parent was missing from the marital home without the deceased spouse knowing his or her whereabouts
- The surviving parent was in prison
- The surviving parent was convicted of certain crimes
In deciding whether to award custodial or visitation rights to the grandparents, the courts consider the relationship between the grandparents and grandchildren. If there was a strong relationship and the child lived with the grandparents without harm, it could make a stronger case for visitation.
Reconciliation is not always possible when parents and grandparents do not get along and grandparents’ relationship with their grandchildren is limited. If your child’s grandparents are seeking custody or visitation rights with your children, you should consult a passionate Chicago, IL, grandparents visitation rights lawyer to find out what options you have.
The attorneys at our grandparents’ visitation rights law firm in Chicago, IL, Hurst, Robin, Kay & Allen, LLC, understand that child custody battles tend to be stressful and upsetting to the parents and the children involved. However, many of our child-custody clients hold preconceived notions about how their case will play out in court. Sometimes these myths can keep clients from challenging custody arrangements. They can also lead to defeatist or invincible attitudes.
We have found it is better for our clients to know what to expect regarding visitation rights and custody arrangements. Consulting with an experienced attorney at your local grandparents’ visitation rights law firm in Chicago, Illinois, is critical.
Myth #1: The Mother is Preferred and Usually Wins
The law doesn’t have a preference these days for the mother. While mothers can and do win custody battles, they lose just as often. The court wants to determine who can provide the best environment for the child. Judges recognize that both the mother and father should play an important role in the child’s life. Regardless of the final decision, the court typically seeks to award custody in a way that allows both parents to actively participate in raising their children.
Myth #2: Sole Custody Is a Common Solution
As your grandparents’ visitation rights lawyer in Chicago, IL, we understand that sole custody is rarely a solution offered by the courts. While one parent may be granted sole physical and legal custody, the courts will almost always grant visitation rights to the other parent. Unless the parent has done something that severely challenges the court’s ability to see them as a responsible or caring human being, both parents will be awarded some form of visitation.
Myth #3: Once the Court Decides, Nothing Will Ever Change
We see many clients who are concerned that child custody arrangements and visitation rights will be set for eternity once they are decided by a court of law. This simply isn’t true. The court is well aware that situations change, as do people. If there is a valid reason to change custody arrangements in the future, the court is willing and available to make changes.
The permanence of a court decision is typically a few months at a minimum, but for young children in particular, the court may update the custody and visitation arrangements if a parent requests a change.
Myth #4: Grandparents Cannot Gain Visitation Rights
The ultimate struggle over child custody and visitation rights is typically between the child’s two parents. However, grandparents often step in when one parent is incapacitated or cannot properly care for a child. In cases where both parents are incapacitated, a grandparent may even win sole custody of the child, with limited visitation rights given to the two parents.
If the grandparents believe they need visitation rights to help the child develop properly and have legitimate concerns about whether they will be able to see the child, courts may grant visitation rights. If this sounds like your situation, contact an attorney at our Chicago, IL grandparents visitation rights law firm right away.
Myth #5: Courts Care Most About the Parents’ Needs
The attorneys at our IL grandparents’ visitation rights law firm know that courts do not prioritize parents’ needs. Instead, courts prioritize the child’s needs and the living arrangement that is in the child’s best interest. The “best interests of the child” is considered the standard in family law courts. The child’s best interests are determined by assessing who can provide the best physical, emotional, and developmental support.
We understand how difficult this process can be, and we will be with you every step of the way. We will help you find the arrangement that works for you, your ex-partner, and most importantly, your child. For more information on custody arrangements and visitation arrangements, please contact the attorneys at Hurst, Robin, Kay & Allen, LLC, a Chicago grandparents visitation rights law firm you can trust.
Grandparents should be a delight and joy to grandchildren, providing 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 & Allen, 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 them the child’s best interests. 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 if it interferes with the non-custodial parent’s parenting time and access.
Experienced Chicago Family Law Attorneys
Trust a skilled grandparents’ visitation rights lawyer from Hurst, Robin, Kay & Allen, 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 who is estranged from or blocked from access to your grandchild, please call us for a consultation.
Legal Guidance Is Available
This area of law is complex, so it will help us understand the details of your family’s situation before advising you on your legal options. Once we understand your family’s unique circumstances and your goals for your case, we can provide guidance and support. Navigating child custody and visitation matters is a uniquely personal stressor, as virtually nothing in life is more important than ensuring the well-being of children. Please understand that you do not have to weather the legal side of these challenges alone. If you have questions about the rights of grandparents regarding custody and/or visitation, please do not hesitate to schedule a consultation with a Chicago, IL, grandparents visitation rights lawyer today, as the team at Hurst, Robin, Kay & Allen, LLC is here to help.
Chicago Grandparents Visitation Rights Infographic
Chicago Grandparents Visitation Rights Statistics
Grandparents’ visitation rights in the United States are governed by state-specific statutes, allowing them to petition for court-ordered visitation under certain circumstances. These rights are not constitutionally guaranteed and are subject to the “best interest of the child” standard, which varies across jurisdictions.
All 50 states have laws permitting grandparents to request visitation rights, typically during or after a divorce, legal separation, or upon the death of a parent. However, the criteria and procedures differ significantly between states.
Courts generally assess whether grandparent visitation serves the child’s best interests and does not substantially interfere with the parent-child relationship. The U.S. Supreme Court’s decision in Troxel v. Granville (2000) recognized the constitutional right of fit parents to make decisions about their children’s upbringing, including visitation with third parties, such as grandparents.
Approximately 2.1 million grandparents in the U.S. are responsible for raising their grandchildren, with about 1 million of these children living in grandparent-headed households without either parent present. This underscores the significant role grandparents play in child-rearing and the potential need for legal mechanisms to facilitate visitation rights.
Chicago Grandparents Visitation Rights FAQs
Grandparents play a vital role in the lives of their grandchildren, offering love, guidance, and support. However, there are times when grandparents may face challenges in maintaining contact with their grandchildren due to family disputes or legal barriers. In Illinois, grandparents have certain rights regarding visitation and custody under specific circumstances. If you’re facing such challenges, understanding the legal framework can help you decide your next steps. For families in need of guidance, our Chicago, IL grandparents visitation rights lawyer can provide clarity and assistance.
With over 100 years of combined experience, our dedicated family lawyers have the knowledge necessary to help you with your case. Our firm has assisted thousands of clients in Illinois, and we will fight hard for you. We strongly believe that every client matters, and we strive to provide the passionate, personalized service you deserve. Contact Hurst, Robin, Kay & Allen, LLC today to schedule a consultation.
Can Grandparents Sue For Visitation Rights In Illinois?
Yes, grandparents can file for visitation rights in Illinois, but certain conditions must be met. Under Illinois law, grandparents can petition for visitation if the parents are divorced, legally separated, or one of the parents is deceased. Additionally, grandparents may seek visitation if the child was born to unmarried parents and the parents do not live together. However, grandparents must demonstrate that the lack of visitation would harm the child’s well-being. Courts prioritize the child’s best interests and carefully evaluate the circumstances before granting visitation. By speaking with our visitation rights lawyer, you can determine if you may be eligible for visitation rights as a grandparent.
How Can I File For Visitation Rights In Illinois?
To file for visitation rights, you must submit a petition to the family court in the county where the child resides. The petition should include information about your relationship with the child and the reasons you believe visitation is in their best interest. Once the petition is filed, the court will schedule a hearing to review the case. During the hearing, both sides will have the opportunity to present evidence and explain their positions. Our Chicago grandparents visitation rights attorney can assist in preparing and presenting your case to maximize your chances of success.
How Can I Obtain Custody Of My Grandchild In Illinois?
Obtaining custody as a grandparent is possible in Illinois but typically requires proving that the parents are unfit or unable to care for the child. Courts consider granting custody to grandparents in situations where the child’s safety or welfare is at risk due to neglect, abuse, or other serious concerns. To pursue custody, you’ll need to file a petition with the court and provide evidence to support your claim. This process can be challenging, but with proper legal representation, it is possible to secure custody if it’s in the child’s best interests.
Can I File For Emergency Custody As A Grandparent In Illinois?
Yes, grandparents can file for emergency custody in situations where the child is in immediate danger due to neglect, abuse, or unsafe living conditions. Emergency custody petitions are reviewed promptly by the court to address urgent concerns. To obtain emergency custody, you must provide evidence of the risk to the child’s well-being and demonstrate why immediate action is necessary. While this is often a temporary measure, it can lead to longer-term custody arrangements depending on the case. If you believe that filing for emergency custody is the right step for you and the child, contact our Illinois grandparents visitation rights lawyer today.
Can Parents Deny Grandparents Visitation Rights In Illinois?
Parents generally have the right to make decisions about who interacts with their child, including whether grandparents can visit. However, if grandparents believe that denying visitation is harming the child’s well-being, they can petition the court for visitation rights. The court will consider factors like the child’s relationship with the grandparents and the potential impact on the child before making a decision. Parents must have valid reasons for denying visitation, as courts aim to balance parental rights with the child’s best interests.
Contact Our Chicago Grandparents Rights Lawyer Today
Maintaining a relationship with grandchildren is deeply important for many families, and Illinois law provides options for grandparents to pursue visitation or custody when necessary. At Hurst, Robin, Kay & Allen, LLC, we understand the challenges grandparents face in these situations and are here to help. If you’re dealing with visitation or custody issues, contact us today to speak with our dedicated and experienced visitation rights lawyer and take the first step toward protecting your relationship with your grandchildren.
Hurst, Robin, Kay & Allen, LLC – Chicago Office
Chicago Office
30 N La Salle St, Suite 1210 Chicago, IL 60602
New Clients: 312-854-7670 | Existing Clients: 312-782-2400
