When Can a Person Other Than a Child’s Parent File for Visitation?

 Posted on February 02, 2021 in Visitation

When a couple has made the decision that it is time to divorce, it can be a difficult process for the entire family. There are many things that the couple will need to adjust to, but there are also many things that the family members will need to adapt to as well. One of the biggest changes that is often difficult for many families is dealing with change in the day-to-day life of the child. Child custody, now referred to as parenting time, is allocated to each parent, typically in an equal or near-equal manner. In some cases, though not always, individuals other than the child’s parents are able to petition for visitation rights with the child.

Individuals Permitted to File a Petition for Visitation

Not everyone is legally entitled to visitation rights with a child. According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), there are only specific people who are able to submit a petition for visitation. These people can include step-parents, grandparents, great-grandparents, or siblings of the child. Visitation will only be given to non-parents if the petitioner can successfully argue that the child’s well-being has been negatively affected by the denial of the visitation and that the child’s mental, physical, or emotional health has suffered because of it. A non-parent can file for visitation if the child’s parent unreasonably denies visitation and at least one of the following situations is true:

• The child’s other parent is dead or has been missing for at least 90 days.

• At least one of the child’s parents has been deemed incompetent under Illinois law.

• A parent has been in jail for at least 90 days immediately prior to the filing of the petition.

• The child’s parents have been granted a divorce or are currently going through a divorce and at least one parent does not object to the person seeking visitation orders.

• The child is born to parents who are not married and who do not live together and the petitioner is a grandparent, great-grandparent, step-parent, or sibling who has had a relationship legally established with the child.

When Are Visitation Petitions Granted?

It is of the opinion of the courts that decisions made by parents regarding visitation from grandparents and siblings are made in the child’s best interest. This means that the burden of proof lies with the petitioner to assert that he or she has a right to visitation with the child. To make a decision, the judge will examine a variety of factors, including:

• The mental and physical health of the child

• The mental and physical health of the petitioner

• The child’s desires with regard to visitation

• The quality of the relationship between the child and the petitioner

• Whether visitation can be constructed in a way that minimizes exposure to disagreement by the adults

Contact Our Kendall County Visitation Attorney Today

Going through a divorce can be extremely stressful at times, especially for the family of the divorcing couple. Sometimes, parents can even use their children as weapons or pawns to manipulate others. However, this does not mean that you do not deserve to spend time with children who are related to you. If you have been denied non-parent visitation time with the children in your life, you should speak to a knowledgeable Yorkville visitation lawyer. At the Law Office of Matthew M. Williams, P.C., we can help you file a petition for visitation so you can spend time with the people who matter the most. To schedule a private consultation, call our office today at 630-409-8184.

Source:

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59