Illinois legislation scheduled to take effect January 1, 2019 will make it easier for grandparents to obtain court ordered visitation of grandchildren of unmarried parents who do not reside together. In the past, a grandparent needed to first establish parentage of the child before seeking visitation. Under the new law, a grandparent need only establish that the parent to whom they are related is a parent of the child sought to be visited.
Grounds for seeking court ordered visitation include being unreasonably denied access to the child or the divorce, death, incarceration or mental incapacity of a parent which prevents access to the grandchild.
Factors for the court to consider in deciding whether to allow visitation include whether the child previously had regular visits and contact with the grandparent and whether the child ever resided with the grandparent for an extended period of time.
If you are a grandparent being denied access to a minor grandchild, contact our firm at (847) 599-9101 to see if attorney June Peterson-Gleason can assist you.