Grandparents’ Rights
Wheaton Attorneys
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Chicago Office

20 N. Clark Street, Suite 2720
Chicago, Illinois 60602
Phone: 312-345-9999

Schaumburg Office

1101 Perimeter Dr. Ste. 220
Schaumburg, IL 60173
Phone: 847-995-9999

Wheaton Office

400 S. County Farm Road, Suite 320
Wheaton, Illinois 60187
Phone: 630-653-9400

Orland Park Office

15255 W. 94th Ave., Suite 201
Orland Park, IL 60462
Phone: 708-226-9904

Grandparents’ Rights

Chicago Grandparents’ Rights Attorneys

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 & Associates, P.C., we work with grandparents seeking greater visitation rights as well as parents who oppose those rights. Our attorneys are constantly mindful of the best interests of the children involved and 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 to schedule a consultation. We have offices conveniently located in downtown Chicago and throughout the Chicago area.