Grandparent Rights Lawyer and Grandparent Visitation Attorney

A parent can prohibit a grandparent from seeing a child if it is against the child’s best interests. In Illinois grandparent rights cases, the party seeking visitation must prove that a child’s quality of life is adversely impacted by the absence of a relationship with the grandparent. This burden of proof can entail consideration of many factors, including:

• A grandchild’s preference;
• A grandparent’s intentions in seeking visitation or custody;
• Whether denial of parenting time is being made in good faith;
• The closeness of the grandchild-grandparent relationship;
• Whether visitation may have a negative impact on a child’s regular activities;
• Whether a child lived with a grandparent (or they were the primary caretaker of the child) for a minimum of six months;
• The frequency of contact with a grandparent for at least one year;
• The physical and mental health of the adolescent; and
• The physical and mental health of the grandparent(s).

Grandparents may be able to obtain custody of a grandchild under two different scenarios. First, both parents can voluntarily relinquish their parental responsibilities and rights for a variety of reasons, such as mental health and substance abuse issues. Conversely, many young parents voluntarily forgo their parental rights so a grandparent can legally adopt and care for a child.

Grandparents may also be awarded custody of a grandchild if the parents are abusing or neglecting the child. In these cases, the Department of Children and Family Services may intervene to remove a child from an abusive home. If there is no chance of awarding custody to a biological parent, a grandparent may seek permanent legal guardianship through a private subsidized guardianship.

It can be challenging to secure visitation rights with a child that was put up for adoption. Generally, adoption severs ties between a child and biological family members, including grandparents. Further, any existing visitation orders entered before an adoption will automatically terminate upon the finalization of an adoption.

In the case of a stepparent adoption, obtaining grandparent visitation rights can also be difficult. However, in the event of a stepparent adoption, a grandparent may be granted visitation if he or she petitions the court and demonstrates that restricting access to the child would cause harm.