Grandparents in the state of Illinois have familial rights as outlined by law. Parents that are getting divorced split the family irrevocably, and the grandparents may lose contact with their grandchildren. It is possible for grandparents to seek visitation with their grandchildren under a number of circumstances, and they must consult a family lawyer in Huntley who will take the case.
Reasonable Visitation
The IMDMA states that all grandparents have the right to request visitation that is deemed reasonable by the court. Parents who stop a relationship between grandparents and grandchildren may be taken to court for visitation by a family lawyer in Huntley, but the grandparents must have maintained a relationship deemed beneficial by the court before requesting visitation.
Conditions Of A Beneficial Relationship
Grandparents may prove they have a beneficial relationship by showing that they:
- Had the child living under their roof for at least six months in a row.
- Were the primary caregiver for the child for at least six months.
- Have stayed in contact with the child for a consistent year-long period.
Which Factors Are Considered In Court?
The court will take into account the best interests of the child, the health of the grandparents, what the grandchild wants, the quality of the relationship with the grandparents, why the parent denied visitation, and if the visitation causes trouble for the parents. The court may consider visitation for grandparents when the parents are incarcerated, the parents have been declared unfit, the parents are missing, or the parents are unmarried. A family lawyer in Huntley will bring all these things to light, and grandparents may make a compelling case to see their grandchildren again.
Casement Group PC is a family law firm in Elgin, Illinois that helps parents and grandparents gain the visitation they desire. Each case is handled by a lawyer who is an expert in Illinois family law and grandparent visitation rights.
