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Mevorah Law Offices LLC
DuPage County Attorneys


900 E. Roosevelt Road, Lombard, IL 60148

Phone: 630-932-9100


134 N. Bloomingdale Road, Bloomingdale, IL 60108

Phone: 630-529-4761


333 N. Randall Road, Suite 104, St. Charles, IL 60175

Phone: 630-443-0600


105 W. Madison Street, Suite 2200, Chicago, IL 60602

Phone: 630-932-9100
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Lombard grandparent visitation lawyerAfter a divorce, a child’s connection to their grandparents and other close relatives can provide a much-needed sense of stability. But what if one parent does not care for their in-laws and does not support the children having visitation time with those grandparents? What rights does a now-divorced step-parent or half-sibling have to spend time with a child that they lived with for years? Illinois law (750 ILCS 5/602.9) provides a mechanism for grandparents, great-grandparents, step-parents, and siblings--including half-siblings and step-siblings--to assert their right to visit and electronically communicate with a minor child who is at least one year old. 

Conditions Necessary to Petition for Grandparent Visitation

Four conditions must exist in order for the aforementioned relatives to petition the court for visitation and electronic communication with the child:

  • A parent unreasonably denies visitation to a minor child’s grandparents, great-grandparents, step-parents, or siblings.
  • The minor child experiences undue mental, physical, or emotional harm as a result.
  • The child’s parents are divorced or in the process of divorce.
  • One parent has no objection to the visitation. (If both parents object, the petition will not succeed.)

Factors the Court Considers in Granting Grandparent Visitation

In deciding whether to grant visitation time to one of these relatives, the court may consider factors such as:

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grandparents rights in Illinois, DuPage County famil ylawyersIn the state of Washington, grandparents are banding together to obtain legal rights to their grandchildren. But what does this mean, exactly? And how – if at all – does the law protect the rights of grandparents in Illinois? If you are a grandparent and are being denied visitation to your grandchild, the following will help you understand if and how Illinois’ grandparents’ rights statute applies to you.

How the Law Defines Grandparents’ Rights

Grandparents’ rights are not like parenting rights, nor do they overrule them. Instead, the Illinois statute 750 ILCS 5-602.9 simply acknowledges that you have the right to ask the court for legal permission to see your grandchildren. Depending on the situation, this request may or may not be granted, and it may or may not be considered “valid” by the courts. In fact, there are only a handful of situations in which you may legally pursue grandparents’ rights.

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A UK newspaper reported a story about surprisingly intense reactions to grandparents keeping in contact with their grandchildren after a divorce. Even though this story is not domestic news, issues regarding divorce in first world countries remain more or less the same.

According to the Telegraph, police in the UK are being called to investigate cases where grandparents are approaching their grandchildren with postcards or presents as harassment. Grandparents often find themselves cut off by the parent who has the custody of a child, but it looks like things are getting worse. In some cases the elderly have been forced to hand over DNA samples or fingerprints, and some have even been threatened with arrest or called to a police station after sending a card or a present to their grandchildren. Some of the grandparents feel they have been humiliated for having to talk to officers regarding something like this.

If the custodial parent unreasonably denies visitation for a grandparent or a sibling, it is possible to petition for visitation. There are criteria for the petition, out of which one must be met. Examples of these criteria are: the parent that is related to the grandparent is mentally incompetent, dead or incarcerated; the parent related to the grandparent has lost parental rights by judicial act; the child is illegitimate and the parents are not living together. These are only a few of the criteria for such petition. For more information, contact an experienced divorce attorney.

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