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Grandparents’ Rights Attorneys in Chicago, IL

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Determining the rights of grandparents can become heated and controversial because of the different agendas at play. On one hand, the government wants to do anything possible to act in the child’s best interests while on the other hand, being considerate of parents’ requests. That being said, there are several factors taken into account when the courts decide on grandparents’ rights.

To know about your legal options, speak with an experienced Chicago family law attorney from Badesch Abramovitch at (312) 548-8886.

Grandparent Visitation Eligibility

In some cases, a grandparent may be more parental of a figure than the child’s actual parent (who may be trying to cut off the child’s ability to see his or her grandmother and grandfather.) In these cases, the courts must ask what is in the child’s best interest.

To determine whether the grandparent can receive visitation privileges, some factors to consider include:

  • The relationship between the child and the grandparent
  • The relationship between the child and their parents
  • The wishes of the child
  • The mental and physical health of the child
  • The reasons the parents did not approve of the grandparent visitation

Process for Filing Visitation Rights in Collar Counties & All of Illinois

In Illinois, the first step is for the grandparents to file a ­­­­petition for visitation. The criteria for filing one of these petitions is the proof of unreasonable denial of visitation by the parent(s) and that there is specific proof that one or both of the child’s parents is out of the picture. For example, if the child’s other parent is missing for three months, deceased, in jail for over three months, or deemed incompetent by the judge, then the grandparents may be able to successfully file for visitation rights.

In order to preserve some sort of a sense of stability, whatever visitation rights and protocol are established may not be changed for two years unless there is a special circumstance, such as endangerment of the child.

If you are looking to secure your grandparents’ rights, call the reliable Chicago family lawyers at Badesch Abramovitch at (312) 548-8886.

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