Grandparent Visitation Rights After Divorce

 Posted on January 16, 2019 in Divorce

When getting a divorce, one issue commonly discussed is which parent a child spends time with and when in the form of a parenting plan. Parenting plans break down custody and visitation, or parenting time in regard to separated parents, from daily schedules to special circumstances like holidays. 

After a divorce, other family members such as grandparents may want to spend time with a child as well. The relationship a parent may have with the grandparents of their child can change after a divorce. A parent’s rights come first, and each state has its own legislation regarding people who are not parents of the child. In Illinois, grandparents may have the right to visit with a grandchild, depending on the circumstances, after a divorce. This is also the case for stepparents, great-grandparents, and siblings.

Grandparents Visitation Rights

After a child turns 1 year old, a non-parent family member may file a petition for court-ordered visitation. This may be granted if one parent:

• Has been incarcerated or absent for a minimum of three months; 
• Has passed away; or
• Agrees to the visitation of a grandparent after a divorce.

If the two parents are not married and do not live together, the court may grant non-parent family member visitation as well. 

Like most decisions in court when it comes to a child, the best interests and well-being of the child are considered. It is important that the person with the potential to receive visitation rights will not disrupt the emotional or physical state of the child. 

With one of the circumstances listed previously, the court will also take into consideration:

• The wishes of the child, with age and maturity taken into account;
• The emotional and physical well-being of the child and non-parent;
• The relationship length and quality between the child and the family member;
• Reasoning by the parent to allow or deny visitation; 
• The amount of visitation requested; and 
• Any reason the lack of relationship with the family member would harm the child.

The amount of time a child has spent with the grandparent or other family member requesting visitation is also considered if the non-parent has lived with the child for six months or more. 

Contact a Rolling Meadows Family Law Attorney

The organization of your family is important during and after a divorce. An experienced Arlington Heights family law attorney at A. Traub & Associates can explain your rights as a parent, and assist with your pre- and post-divorce needs. To learn how we can help today, call 630-426-0196 to set up an initial consultation.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050K602.9.htm