Can Grandparents Sue For Visitations in Woodstock, Illinois?

by | Mar 3, 2022 | Attorneys

Grandparents are a link to a child’s family history and cultural heritage. They also are a valuable resource and have many personal experiences to share from their own lives. If the mother of your grandchild is refusing visitations, then you should talk to a family law attorney Woodstock, IL firm. Read on to find out how grandparents can sue for visitations.

Custodial Parent’s Decision

When a parent is fit and has established custody, the state of Illinois leaves it up to the parent’s discretion over whether or not to allow a grandparent to visit. However, the law still allows non-parents to petition the court for visitation rights. Your case must meet a long number of stipulations to be granted visitation.

Unreasonable Denial

The child in question must be at least one year old, and the grandparent must have unreasonable denial of visitation. However, the law does not specify the meaning of “unreasonable.” The grandparents who seek visits usually fall into two categories. It is usually a grandparent who no longer has access to the grandchildren because their child is deceased or in prison. The grandparents also may not have access when the parents are separated or going through a divorce.

Burden of Proof

Grandparents must prove that the parent’s decision to deny visits is harmful to the children. It helps to get legal advice from a family law attorney Woodstock, IL firm because this is not easy to prove. The court favors visitations when the grandparents have proof of frequent and healthy visits with the children.

Children tend to understand where they come from by connecting with their grandparents. Contact Melei Petsche Spencer Attorneys at Law at www.mpsthelaw.com for an appointment today.

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