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.
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:
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.
Last Modified: 02-08-2018 11:16 PM PSTLaw Library Disclaimer
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