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What Are the Rights of Grandparents in Illinois?

Grandparents play an important role in the lives of children. At Gravel & Wechter P.C., we know how devastating it can be for a divorce to interfere with the grandparent-grandchild relationship. We work closely with grandparents to inform them of their rights and help them assert them to the fullest extent of Illinois family law.  

What Does Illinois Law Say About Grandparents’ Rights?

Illinois does not provide visitation or custody to grandparents by default; it must be pursued based on the unique circumstances of the case. Grandparents have the right to seek visitation rights with their grandchildren and, in some case, may even be able to obtain custody of their grandchildren. As with any custody or visitation issue in Illinois, the courts will consider the child’s best interest when making decisions about visitation and custody for grandparents.

Circumstances That May Warrant Grandparent Visitation or Custody

Visitation and, comes into play when one or both of the child’s parents are unable to fill a parental role. For example, if a child’s father is incarcerated or otherwise out of the picture, a grandparent can seek visitation in order to maintain ties to their side of the family. In a situation where one or both parents are struggling with substance abuse or criminal issues, a grandparent may step in to pursue custody over their grandchildren to provide a stable home in a familiar environment.

In cases where a grandparent seeks an allocation of parental responsibilities (child custody), the court will consider several factors, including the grandparent’s relationship with the child, the grandparent’s ability to provide a safe and stable home for the child, and the wishes of the child’s parents.

We Are Ready to Find Solutions for Grandparents and Children

Our firm is here to help you navigate the legal system and assert your rights as a grandparent. To speak with an experienced lawyer about grandparent visitation or custody, call 847-855-8447 or submit a contact form today.