Grandparent Visitation

Grandparents in many families play a significant role in the care and upbringing of their grandchild(ren). Many grandparents provide for the daily care and needs of their grandchild and have had significant regular contact with a grandchild before the parents of the grandchild divorce, legally separate, or are no longer living together and have never been married.

Illinois law provides for rights of visitation for a grandparent with a grandchild under certain circumstances. A grandparent may seek visitation rights with a grandchild if the child is at least one year of age, and the parents of the child are divorced; legally separated; or the child was born to parents who are not legally married and are not living together, and a parent-child relationship has been legally established. The grandparent must also show that there has been an unreasonable denial of visitation by a parent that causes undue mental, physical or emotional harm to the child.

In determining whether a grandparent should receive visitation rights with a grandchild, the courts will consider the following:

• whether the child resided with the grandparent for at least 6 consecutive months without a parent present;
• whether the child had regular contact or visitation with the grandparent for at least 12 consecutive months;
• whether the grandparent was a primary caretaker for not less than 6 months within a 24-month period immediately preceding the filing of their petition for grandparent visitation rights.

Many grandparents find themselves removed from a grandchild’s life when parents are divorced, legally separated, or are no longer living together and are unmarried. This can cause substantial emotional and psychological harm to a child who has established a consistent and healthy relationship with their grandparent. Illinois grandparent visitation laws may provide a grandparent with visitation rights with a grandchild which serves the best interests of the child and the grandparent.

If you are a grandparent seeking to obtain visitation rights with a grandchild, please contact attorney Joseph Olszowka at (847)705-7555 or at Jolszowka@lavellelaw.com.