Understanding Grandparent Visitation Rights in Illinois

Family dynamics can be complex, especially when it comes to balancing the rights of parents with the interests of extended family members, such as grandparents. In Illinois, grandparent visitation rights are not automatic, and the law prioritizes the fundamental right of parents to make decisions about their children’s upbringing. However, under certain circumstances, grandparents may have legal grounds to seek court-ordered visitation.

Parental Rights Take Precedence

The Illinois courts have consistently held that parents have a constitutionally protected right to raise their children without undue interference. In Wickham v. Byrne (2002), the Illinois Supreme Court emphasized that allowing automatic grandparent visitation would infringe upon a parent’s fundamental rights to make decisions concerning the care, custody, and control of their children.

In this context, Illinois law presumes that a fit parent’s decision to deny or limit grandparent visitation is not harmful to the child. Therefore, the burden is on the grandparent to demonstrate otherwise.

When Grandparents Can Petition for Visitation

Under Section 750 ILCS 5/602.9 of the Illinois Marriage and Dissolution of Marriage Act, grandparents (as well as great-grandparents, siblings, and step-parents) may file a petition for visitation only under specific circumstances, including:

• One of the child’s parents is deceased or has been missing for at least 90 days;
• A parent has been deemed legally incompetent;
• A parent has been incarcerated for more than 90 days;
• The child’s parents are divorced or legally separated, and at least one parent agrees to the visitation;
• The child was born to unmarried parents who are not living together, and the petitioner is related through a legally established parent-child relationship.

The child must also be at least one year old, and the petitioning grandparent must show that an unreasonable denial of visitation has caused, or is likely to cause, undue mental, physical, or emotional harm to the child.

What the Court Will Consider

When evaluating a petition, the court must balance the child’s best interests with the parents’ rights. The statute provides a list of factors the judge will consider, including:

• The wishes of the child (based on their maturity and ability to express preferences);
• The mental and physical health of the child and the grandparent;
• The length and quality of the existing relationship between the child and the grandparent;
• The good faith of the party seeking visitation and the person denying it;
• The amount of visitation time requested and any potential disruption to the child’s routine;
• Whether visitation can occur without exposing the child to adult conflicts.

Additionally, courts may give weight to the history of the relationship, including whether the grandparent:

• Lived with the child for six consecutive months;
• Had regular contact with the child for at least 12 consecutive months; or
• Served as a primary caretaker for at least six months within the previous two years.

The Takeaway

While Illinois law recognizes that grandparents can play a vital role in a child’s life, it also strongly defers to the rights of parents. A grandparent seeking visitation must overcome a high legal threshold and demonstrate that denial of contact would likely harm the child’s well-being.

If you are a grandparent concerned about maintaining a relationship with your grandchild, or a parent responding to a petition for visitation, legal guidance is essential. Our family law attorneys can help you understand your rights, evaluate your options, and navigate the legal process with care and experience.

For further inquiries or questions, please contact Attorney Elizabeth C. Thompson at ethompson@lavellelaw.com or (847) 705-7555.