Grandparents Visitation

You have the right to ASK, yes. To what extent the court will agree, though, is not something that I can answer with any accuracy, the crystal ball being out for recalibration.

Illinois has a LIMITED provision for grandparents to have visitation rights, so it would probably be worth your while to consult with a family law attorney who can help you maximize those rights. Be glad you are in Illinois - not many states have even a limited provision for such options.

Good luck to you. Despite what you may think, I'm all in favor of grandparents having access to their grandchildren in most cases.
 
Robin Smith said:
Do grandparents have the right to ask the court for visitation of their 3 minor grandchildren?
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Did you do any kind of search before you posted on here?

"In Illinois, there are no federal laws governing visitation rights for grandparents. However, depending on family dynamics, Illinois grandparents do have a limited legal right to visit their grandchildren, especially if the parents are divorced."

To obtain parenting time rights 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 at least three months.
    • A parent has been incarcerated for at least three months.
    • The child's parents are divorced or legally separated, or there is a pending dissolution or custody proceeding, and at least one parent has no objection.
    • The child is born out of wedlock and the parents are not living together.
The court will then review:

  • The grandchild's preference
  • The grandparents' intentions in seeking parenting time
  • Whether the denial of parenting time has been in good faith
  • The closeness of the relationship between the child and the grandparents
  • Whether the time requested might have a damaging effect on the child's regular activities
  • Whether the child lived with the grandparent or the grandparent was the primary caretaker of the child for at least six consecutive months
  • The frequency of contact for at least one year
  • The mental and physical health of the child
  • The physical and mental well-being of the grandparents
Grandparent's Custody Rights in Illinois - Masters Law Group

Generally states don't really have "grandparents' rights" or visitation. The time it's allowed is when it's beneficial to the child because there's already a positive established relationship between the grandchild and grandparent.

In short, it has to benefit the child more than anything else. And there are grandparents who don't really care about the grandchild - they just want to spite one or both of the parents. My ex MIL "threatened' to take me to court for grandparent visitation and I laughed at her because her son doesn't even have parenting time because he didn't bother to show up for anything with our divorce and 6 years later he still doesn't have parenting time. It's at my discretion. I told her go ahead and take me to court because the judge would not have even heard it. She has no relationship with my daughter - barely then and especially not the last 3 years since we had to move - and my daughter doesn't like her. And she doesn't even know his dad at all because they don't take the time to call or send a card or anything. Or even ask about her.

I'm not saying that's you - but I'm just saying I've seen in my experience and others that there are grandparents who want to try to get visitation as a form of control. So I'm glad there's limited grandparents rights.
 

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