Visitation Rights of Grandparents in Illinois

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Visitation Rights of Grandparents in Illinois

Illinois law recognizes a limited right of grandparents to obtain court-ordered visitation privileges with their grandchildren. However, as in other states, the law also recognizes that parents have a fundamental right to control how their children are raised, and subsequently, who visits their children. Thus, the government allow parents to raise their children as they wish, but with minimal interference. This fundamental right is balanced against the best interest of the child.

Thresholds to Apply Balancing Test

Before a court will apply the balancing test to grant visitation rights to grandparents over the objection of a parent, there are two threshold requirements that must be satisfied.

1. The child must be one year old or older; and
2. At least one of the following conditions be met:

The Balancing Test

Exception: Termination of Parental Rights

If parental rights of both parents are terminated by adoption or court order, then the grandparents subsequently lose all visitation rights whatsoever. The court wants to prevent unlawful visitation by a parent. For example, a grandparent using her visitation time to allow a parent who has lost all parental rights to visit the child as well.

Consulting an Attorney

If you believe you should be allowed to visit your grandchild, then a family law lawyer can help you go to court and obtain those rights.

Consult a Lawyer - Present Your Case Now!
Last Modified: 01-14-2014 03:03 PM PST

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