Chicago Grandparents’ Rights Lawyer
While parents play a crucial role in the lives of their children, there’s no doubt that extended family members, such as grandparents, play a key role as well. However, the legal rights of grandparents when it comes to visitation and custody of their grandchildren can be a difficult topic to understand.
The courts look at the best interests of the children when determining custody and visitation, so the wishes of the parents are often favored over the desires of the grandparents. Making things even more complicated is the fact that the laws vary from state to state. Plus, there are no federal laws, so grandparent visitation is pretty much determined on a case-by-case basis.
If you are a grandparent, being denied visitation of your grandchild can be devastating. You may be interested in understanding your legal rights when it comes to visitation and custody. You need someone on your side who can help prove your case. A Chicago grandparents’ rights lawyer from Birnbaum Gelfman Sharma & Arnoux, LLC can help you learn more about the requirements and processes involved.
How Can I Get Visitation Rights?
In general, it is up to the parents to decide whether or not they want the grandparents to visit with their children. However, in Illinois, grandparents are allowed to petition for visitation rights under certain circumstances. They must show that they have been denied visitation by a parent of the grandchild. They must also prove that they have a strong bond with the grandchild and they will suffer harm if visitation ceases. In addition, one of the following situations must apply:
- The child’s parents are divorced or legally separated.
- A parent is incompetent.
- A parent is dead.
- A parent has been missing for three months.
- A parent has been incarcerated for at least three months.
- The parents are not married or living together when the child is born.
To determine if the grandparent should be granted custody, the court will review the following:
- The grandparents’ intentions
- The grandchild’s preference
- Why the grandparent was denied visitation with their grandchild
- The relationship between the child and the grandparents
- How the visitation time might affect the child’s regular activities
- Whether or not the child lived with the grandparent in the past
- The physical and mental health of the child
- The physical and mental health of the grandparents
Contact Birnbaum Gelfman Sharma & Arnoux, LLC Today
Many grandparents relish their time with grandchildren. They want to visit them on a regular basis and maintain a strong bond with them, but this can be difficult when the child’s parents are not in agreement on grandparent visitation.
At Birnbaum Gelfman Sharma & Arnoux, LLC, we understand the relationship you have and want to maintain with your grandchild. We will work hard to present the best case possible for allowing you to see your grandchildren. To schedule a consultation with a Chicago grandparents’ rights lawyer, fill out the online form or call (312) 863-2800.