1. ILLINOIS
GRANDPARENT LAW
“DO I HAVE A RIGHT
TO SEE MY GRANDCHILD?”
“Millions of grandparents throughout the United States
are denied visitation with their grandchildren due to
divorce or other family issues.”
PIOLETTI & PIOLETTI
Bloomington, IL Family Law Attorneys

2. The U. S. Census results from 2000 revealed that 2.4 million children were being
raised by their grandparents. By the 2010 census, that number had more than
doubled to 4.9 million. The epidemic has grown so fast that USA.gov now has a
special webpage for grandparents seeking assistance with raising their
grandchildren. Unfortunately, this is only one side of the spectrum. Millions of
grandparents throughout the United States are denied visitation with their
grandchildren due to divorce or other family issues. In recent years, the issue of
grandparents’ rights has become hotly debated in Illinois and elsewhere.
Each state has its own laws regarding grandparents’ rights. Some states view
grandparents’ rights to visitation as a statutory right that cannot be legally denied
except by order of the court. However, Illinois has adopted the view that

3. visitation by a child with his or her grandparent is a privilege for the grandparent
and not a statutory right. This problem usually arises in cases of divorce where
one parent receives sole custody of the children and denies his or her former in-
laws visitation with the children.
Is there anything a grandparent can do in Illinois to obtain a court order allowing
visitation with his or her grandchild?
Illinois Grandparents’ Rights
Petitioning the Court for Visitation
The Illinois Marriage and Dissolution of Marriage Act does not automatically grant
visitation rights for grandparents with their grandchildren. However,
grandparents do have the legal right to petition the court under 750 ILCS 5-
607(a)(3) for court ordered visitation with their grandchildren.
The laws do not state that the petition will be granted but it does give
grandparents an opportunity to be heard in court. It is always in the best interest
of all parties to settle the matter outside of court if possible. An Illinois family law
attorney can help mediate in some situations to avoid involving the court.

4. A grandparent must remember that the court will assume that the custodial
parent is making the choice to deny visitation with the grandparent for a valid
reason. In order to refute this assumption, the grandparent must prove to the
court that denying visitation with the grandparent is harmful to the child’s
emotional, mental, or physical health.
Who is Eligible to File for Grandparents’
Rights in Illinois?
The Illinois statutes governing grandparents’ rights require the petitioning
grandparent to prove that there has been an “unreasonable denial of visitation”

5. by the child’s parent. In addition, the grandparent must prove one of the
following situations exist:
 The child's other parent is deceased or has been missing for at least 3
months.
 A parent of the child is incompetent as a matter of law.
 A parent has been incarcerated in jail or prison during the 3-month period
preceding the filing of the petition.
 The child's mother and father are divorced, have been legally separated
from each other, or there is a pending dissolution proceeding involving a
parent of the child and at least one parent does not object.
 The grandparent is a maternal family member if the parents are unmarried
and paternity has not been established.
The grandparent is a paternal family member if the parents are unmarried and
paternity has been established.
How Does The Judge Decide If A Grandparent
Should Have Court Ordered Visitation With
The Grandchild?
Unfortunately, simply proving that the unreasonable denial of visitation is harmful
to the child’s emotional, mental, or physical health and that one of the above
situations exists will not guarantee that the grandparent will be granted court
ordered visitation with the grandchild.

6. In addition to providing the
requirements for eligibility to
file a petition seeking the right
to visitation, the statute also
provides factors that the judge
must use when making a
decision whether to grant the
grandparent court ordered
visitation with the child.
These factors include:
 The wishes of the child in question;
 The emotional, mental, and physical health of the child;
 The emotional, mental, and physical health of the grandparent seeking
visitation;
 The reasons why the grandparent filed the petition;
 The reasons why the parent or custodian denied visitation with the
grandparent;
 The amount of visitation the grandparent is seeking;
 The past contact between the child and the grandparent; and,
 Any other relevant factors the court deems just to consider.
Because the issue of grandparents’ rights is still a hotly debated legal issue, it is
important to hire an experienced and skilled family law attorney who is familiar

7. with the most recent case law and statutes governing grandparents’ rights in
Illinois.
Contact Our Office for a Consultation with an
Experienced Illinois Family Law Attorney
Serving Our Clients with Sound Guidance and Unparalleled Dedication
The domestic law lawyers of Pioletti & Pioletti represent individuals who need
help resolving family law issues. We assist clients throughout McLean,
Woodford, Tazewell, and
Peoria counties by
providing compassionate,
competent legal services.
Contact our office at 309-
938-4838 to schedule
your free consultation.
When you need the
assistance of an
experienced family law attorney in central Illinois, call Pioletti & Pioletti. We are
dedicated to providing our clients with exceptional service and support.

8. About Pioletti&Pioletti
Serving Our Clients with Sound Guidance and Unparalleled Dedication
Pioletti&Pioletti is a full service law firm that represents individuals and businesses in a variety
of areas of law including criminal defense, family law, bankruptcy, and estate planning.
Pioletti&Pioletti has a long history in central Illinois. Our firm was founded in 1938 with a focus
on estate planning, real estate, and business services. Today we are a versatile firm providing
a group of services including criminal defense, family law, bankruptcy, and civil litigation
representation.
Our focus is on providing outstanding legal representation with unmatched personal service.
We are available through email, 24 hours a day, 7 days a week.
Pioletti&Pioletti
107 E. Eureka, Suite 1, Eureka
IL 61530
Phone: +1 309-467-3213
Website: www.piolettilaw.com
121 N. Main St.,Bloomington
IL 61701
Phone: +1 309-821-0246
Website: www.piolettilaw.com