Grandparents Rights Lawyers
Family Law Practice Areas
Practice Areas
Adoption
Alimony & Maintenance
Annulment
Child Custody
Child Support
Divorce
Family Law
Fathers’ Rights
Grandparents’ Rights
Gay & Lesbian Divorce
High Net Worth Divorce
Legal Separation
Mediation
Order of Protection
Paternity
Pre and Post Nuptial Agreements
Property Division
Visitation
Grandparents Rights Lawyers in Chicago Illinois
Experienced Family Lawyers Advocating on Your Behalf
Illinois, like many other states, do not offer many protections to grandparents regarding allocation of parental responsibilities and parenting time. However, there are some situations where grandparents have a right to parenting time and may even be awarded an allocation of parental responsibilities. Abramovitch, Blalock & McKinnon can help you explore the possibilities and find the most realistic avenue for your case. A grandparent’s right to parenting time exists through the relationship with the child’s parent who controls whether the grandparent has access to the minor child.
Illinois law assumes the parent will manage the relationship between the grandchild and grandparent in an appropriate way. But, if the parent is deceased or cannot appropriately manage the relationship due to disability or incarceration, then the Court has the ability to allow the grandparent to have parenting time at a level that is equal to that of the parent who is unable to exercise the time.
How to Get Grandparent Visitation Rights in Illinois
To secure visitation privileges in Illinois, grandparents must meet the following requirements:
Show that they have been unreasonably denied parenting time by a parent of the grandchild.
Show that one of the following statements is true:
A parent is incompetent
A parent has been dead or missing for three months or more
A parent has been incarcerated for three months or more
The child’s parents are divorced or legally separated, or there is a pending divorce case, and at least one parent has no objection to the parenting time
The child is born out of wedlock and the parents are not living together.
Consult our highly experienced Grandparent Rights Lawyers at (312) 372-1639 or email us at info@abmfamilylaw.com.
Allocation of parental responsibilities of a grandchild
When a grandparent has been the primary caretaker for an extended period, Illinois Courts have permitted the child to continue to reside with the grandparent rather than be transferred to the parents. A parent may also give short-term guardianship without having to go to Court. But if the parents do not consent or the guardianship is to last for longer than one year, an adoption or a Court order is typically necessary.
Modification of grandparent parenting time orders
As with other terms in a divorce decree related to children, a grandparent’s parenting time order may be modified. The petition to modify parenting time may be considered only if there are fact-based allegations that did not exist at the time of the original order or if a change in circumstances has occurred that would make the modification necessary to serve the child’s best interest.
While grandparent rights are somewhat limited in Illinois, our Court system recognizes the importance of grandparents and the value they can bring to a child’s life.
Let’s Work Together
Contact Abramovitch Blalock & McKinnon, LLC today