Divorce and Grandparents Visitation

 Posted on December 00, 0000 in Child Custody

Throughout the divorce process, much of the stress and anxiety weighs on the adults, as well as their children. It is a very difficult time for everyone involved. However, when a divorce involves children, often times members of the extended family are affected. This is especially true for grandparents who have built a deep and loving relationship with their grandchildren.

Grandparents’ Rights in Illinois

As with many legal matters, laws pertaining to visitation vary from state to state, and the issue of Grandparents’ rights to spend time with their grandchildren is no different. Here is a summary of some key facts relative to visitation of grandchildren during divorce. A court may grant visitation if:

• The parents are not living together;
• One of the parents is absent;
• One parent is deceased; and
• A parent joins the petition with the grandparents.

Grandparents Thinking about Suing for Visitation?

When grandparents are denied access to their grandchildren it can very likely create ill feelings among the adults, and the children may be left confused and anxious. Some grandparents may consider suing for visitation rights, but before doing so there are few important details to consider:

• While certainly one cannot put a price on time spent with grandchildren, but suing for visitation can be very costly. If living on a fixed income, consider how much you can afford to see it through. Mediation also carries a price tag.
• Your private life will become a matter of record. Private disputes will play out in court, and those involved may be required to undergo a psychological evaluation as part of the process.
• A legal battle frequently comes with a variety of undesirable emotional and psychological repercussions for all involved.

Tips and Alternatives

Before going through the time and expense of suing for visitation, it may benefit everyone involved if first you consider other avenues for resolving the matter.

• Attempt open, honest and effective communication. It is entirely possible that your desire to spend time with grandchildren was unknown.
• Although it also comes with a cost, an attempt at mediation can be less adversarial.
• Consider family counseling. Demonstrate a willingness to listen, learn and compromise as part of the divorce (or pre-divorce) process.
• Seek the support of other grandparents who dealt with this same experience.

Seek the Representation of an Experienced Illinois Divorce and Child Custody Lawyer

Determining child custody and visitation is an emotional and stressful process. When grandparents are involved the matter can create additional anxiety for all parties involved. Rely on a knowledgeable Aurora divorce and custody attorney to ensure all child custody, support and visitation matters are handled properly from start to finish. The Law Offices of Matthew M. William, P.C. use extensive experience and knowledge of the law to protect our clients and their rights.

Sources:

http://www.grandparents.com/family-and-relationships/grandparents-rights/grandparent-rights-united-states

https://www.thespruce.com/before-you-sue-for-visitation-rights-1695438

http://www.aarp.org/relationships/grandparenting/info-05-2009/goyer_grandparent_visitation.html