Who Has Visitation Rights in Illinois?

 Posted on February 14, 2022 in Visitation

Many changes occur during a divorce, including the relationships between all family members. The most common family dynamic change that is considered during a divorce is between the the spouses and children. However, divorce can also affect extended family relationships. In an effort to preserve the important bonds between children and extended family members, the state of Illinois allows visitation rights for some non-parental family members.

Who Can Get Visitation With the Children After a Divorce?

Certain non-parents are family members that are legally recognized in Illinois as having visitation rights with children after a divorce. The state understands that other family members may spend a significant amount of time with the involved children. This can include taking care of them while the parents are at work, picking them up from school, or providing for the children's needs. If a parent is denying visitation with a non-parental figure in the child’s life, that person may be able to get visitation rights through the court.

Individuals who may be able to seek visitation rights include:

• Grandparents

• Step-parents

• Step-siblings

• Biological siblings

Granting Visitation Time

If a parent is preventing a non-parent from interacting with the children, it can be difficult to contest this decision. Most of the time, the court will rule in favor of the parent because it is generally believed that the parent is acting in the best interest of their child. However, if the extended family member can prove that preventing visitation is harming the child, he or she may get court-ordered visitation.

To make a decision on a non-parent visitation case, the court may:

• Ask the child what he or she wants

• Evaluate the emotional and physical health of the child

• Evaluate the significance of the relationship between the non-parent and child

• Determine if both parties are acting in good faith

• Evaluate the nature of the requested visitation

If you are a family member that has been consistently denied visitation time with your sibling, step-child or grandchild, contact a family attorney. A lawyer can help you understand the degree and severity of your situation, prepare all your evidence, and contest the case in court. In the event that your case becomes more difficult or the parent continues to deny your visitation, a lawyer may be able to progress through litigation.

Talk With an Aurora, Illinois Family Attorney

With over 15 years of experience, Aurora, Illinois family attorney Matthew Williams understands the importance of ensuring your visitation rights with the children in your life. The [[title] is available to discuss the different options that he can provide in an effort to solve your situation through collaborative efforts. To schedule an initial consultation with us, call 630-409-8184 today.

Source(s):

https://www.ilga.gov/legislation/ilcs/ilcs4.asp?ActID=2086&SeqStart=8300000&SeqEnd=10000000