Schaumburg Grandparents’ Rights Lawyer

Schaumburg Family Law Attorney for Grandparent Visitation Rights

The legal rights of grandparents vary from state to state. In Illinois, grandparents do have the right to petition the court for visitation rights, but only under certain conditions. In some cases, grandparents may also petition for custody of their grandchildren as well. At Anderson Attorneys, P.C., we work with grandparents seeking greater visitation rights as well as parents who oppose those rights. We are constantly mindful of the best interests of the children involved in these cases, and we strive to resolve these matters through negotiation or litigation if necessary.

Grandparents’ Rights Under Illinois Law

In Illinois, parents have the right to determine what type of relationship their own parents have with their children. It is the parent’s right to allow or disallow their parents to visit their children. If something interferes with a parent’s ability to determine a grandparent’s relationship with the children in question, the court may intervene. Such circumstances include:

• When both parents do not live together
• When one parent is absent
• When one parent is deceased
• When one parent is incarcerated
• When one parent is disabled or incapacitated

In these cases, a grandparent can petition the court for visitation rights equal to what they would have enjoyed if their own child were available to permit it. If a grandparent has been the primary caregiver of a child for a significant period of time, that grandparent may be able to petition for custody of the child. In all cases, the family court will only grant visitation and custody to grandparents if it is deemed in the best interest of the child.

If you are involved in a dispute over your rights as a grandparent, or if you oppose extended visitation and custody rights for your child’s grandparent, contact us at 847-850-8899 to schedule a consultation. We work with clients throughout the Chicago area from our Schaumburg law office.