grand parent visitation in Illinois

[dearheart]

hello, I am new here but trying to find a way to see our grand daughter with out slack from our son. This may be lengthly.

OUr son has a child, they were never married. Our son has his ex girlfriend (the mother of the baby) use to live with us at one time. Our son use to live with us this year until we kicked him out for acting like a bum. While he was living with us, we had our grand daughter everyother weekend, for almost two months. Our son was never home at the time of visits that we had with her, which was fine. We wanted to spend time with her. Well now that we have kicked him out, he is :dgrin bent backwards from keeping the child from us. She calls our house home we are mama and papa.

There has been no court proceedings on custody or visitation between the mother and the father. To my knowledge since they were never married and he signed a VPA the mother has custody of child unless stated otherwise by the courts. The mother has agreed to give us visitation rights to keep the father from giving her crap, and harassing us when we have her.

I am trying to find a petition form to file to where the mother and us agree to visitations to this child that we have had contact with fort he past eight months. We do not want to get an attorney for the mother agrees to this. But I am not sure what form to use or what it should say in it.

Any advice would be greatful for we would like to see her again soon.

Lynn

 

[Scooterdog]

Recent changes in Illinois law have made it easier for grandparents to establish their right's to visit their grandchildren. The Grandparent Visitation Act allows grandparent visitation with grandchildren without the presence of the custodial parent, provided a court-approved visitation plan is implemented. The law reflects a recognition by the Illinois State Legislature of the positive role that a grandparent can play in a grandchild's life, and the benefits that such a relationship can bring for both grandparent and grandchild.




Here is a link to the law:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=075000050K607

 

[dearheart]

So then as long as the mother and us agree upon a vistation plan which would be something like the first weekend of the month Friday at 6pm until Sunday at 1pm and the third weekend Friday at 6pm until Saturday at 1pm. For that is what we thought we would do. And then I would just do a petition for visitations or would it be visitation for grandparents?

Lynn

 

[Duranie]

G-parent visitation is extremely limited, your son should be fighting for his rights as a parent, that way you can see the child on his time. Why hasn't he gone to court to set up visitation?

 

[dearheart]

Our son sees his child with no problem from the mother that is why he has not fought in court over it. Dumb if you ask me. But it is our son who does not want us to see our granddaughter for he is upset with us because we kicked him out of our house. So to see our granddaughter on his time that would not work.

 

[Duranie]

Unfortunately it is up to the mom and dad to determine if you get to see the child. If both parents contest, it is highly unlikely you will be granted any visits, but its worth a shot. Hopefully you have an attorney. Grandparents have very limited rights in some scenarios, I am not sure if this is one of them.

 

[Scooterdog]

Unfortunately it is up to the mom and dad to determine if you get to see the child. If both parents contest, it is highly unlikely you will be granted any visits, but its worth a shot. Hopefully you have an attorney. Grandparents have very limited rights in some scenarios, I am not sure if this is one of them.

WHAT!!??

Here's the FACTS:

(750 ILCS 5/607) (from Ch. 40, par. 607)
Sec. 607. Visitation.

(a‑3) Grandparents, great‑grandparents, and siblings of a minor child, who is one year old or older, have standing to bring an action in circuit court by petition, requesting visitation in accordance with this Section. The term "sibling" in this Section means a brother, sister, stepbrother, or stepsister of the minor child. Grandparents, great‑grandparents, and siblings also have standing to file a petition for visitation rights in a pending dissolution proceeding or any other proceeding that involves custody or visitation issues, requesting visitation in accordance with this Section. A petition for visitation with a child by a person other than a parent must be filed in the county in which the child resides. Nothing in this subsection (a‑3) and subsection (a‑5) of this Section shall apply to a child in whose interests a petition is pending under Section 2‑13 of the Juvenile Court Act of 1987 or a petition to adopt an unrelated child is pending under the Adoption Act.
(a‑5)(1) Except as otherwise provided in this subsection (a‑5), any grandparent, great‑grandparent, or sibling may file a petition for visitation rights to a minor child if there is an unreasonable denial of visitation by a parent and at least one of the following conditions exists:

(D) the child is born out of wedlock, the parents are
not living together, and the petitioner is a maternal grandparent, great‑grandparent, or sibling of the child born out of wedlock; or

(E) the child is born out of wedlock, the parents are
not living together, the petitioner is a paternal grandparent, great‑grandparent, or sibling, and the paternity has been established by a court of competent jurisdiction.

 

[Scooterdog]

Dearheart:

IF mother and father end up getting an order to dertermin visitation/custody, you CAN NOT petition for visitation for 2 years.

On the other hand, if you file a petition for visitation, and get it, then even if a visitation/custody petition was filed, they cannot, by Ill. law, change your order for visitation for two year. Even after two years, they have to prove a ton of crap before it can be changed.

So, I would act quickly. From what I'm reading, you stand far better than an average chance at visitation. As a matter of fact, it wouldn't look good for anyone apposing such petition in Ill.

It will be a simple hearing,grandparent(s), parents, child. Closed court. Judge, bailiff, court recorder, perhaps clerk of court, deputy clerk of court. The judge will guide you threw the hearing. You can call witness's if you have some, and always stress that you love the child and just want to be with the child for a certain amount of time. You also had them living with you. This help out, shows connection. I would argue it is a detriment to the child to NOT see you. And the child should see you as you have never done anything wrong.

A judge would have to be on cold hearted sob to deny a grandparent some visitation.

 

[dearheart]

We are acting this week on this. But do both parents have to be there. Because according to Illinois Voluntary Acknowledgment of Paternity if states under the PARENT'S RIGHTS & RESPONSIBILITIES
1. I understnad that this is a legal document. I unstand that when the Voluntary Acknowledgment of Paternity (VAP) is signed and witnesses, it is the same as a court order determinging the legal relationship between father and child.
2. I understand that if I am a minor, I have the right to sign and have this form witness without my guardian's permission. I understand that when the parents are minors, paternity is not conclusive until six months after the younger of the parents turn 18, however, a support order may be entered.
3. I acknowledge that I am the biological parent of the child named of this VAP and waive my rights to genetic testing.
4 I accept responsibility to provide financial support for my child. I understand that financial support may include child supprt and medical support starting from the child's birth until the child is a t least 18 years old.
5. I understand that both parents have the right to all notices of any adoption proceedings.
6. I understand that this VAP does not give custody or visitation to the father. However, this VAP gives the father the right to ask the court for custody or visitation.
7.I understand that either the mother or father may withdraw the asction of signing the VAP by signing a Rescission must be signed and received by the Department within 60 days of signing the VAP or the date of a proceeding relating to the child, whichever occurs earlier.
8. I have read the intruction on the back of this form, been provided an oral explanation about the VAP and understand my rights and responsibilities created and waived by signing this form.

SO with that do we have to let the father know we are seeking visitations? For it is the father who is fighting us about it. The mother has no problem. As I said earlier there have been no court hearing for the father seeking visitations or custody for the baby.

 

[Scooterdog]

You can have "mom" file with you, as next best friend of the child/mother.

I have a form for "custody", which you just need to calm down for visitation. (the form I mean, not you)

You have your visitation rights until a court. or mother/father terminate them.

In ILL., from what I have read, you can't possibly lose, unless your smoking crack in front of the kids, and I doubt even then.

"BEST INTEREST OF CHILD". THIS is what they teach in lawschool. they now have to prove, by ILL law, that you are a detriment to the child. This they can not do, as ILL law provides provisions for grandparent visitation, in best interst of child.

You have already won, it's just a matter of the right paper work, wording, and your home free.

As I said, it would tak a real sob to terminate your "rights".