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Lucy, Esq.
Lucy, Esq., Attorney
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Do grandparents have legal right to see grandchildren and

Customer Question

Do grandparents have legal right to see grandchildren and what are my rights if so !
Submitted: 11 months ago.
Category: Legal
Expert:  Lucy, Esq. replied 11 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

Illinois law gives grandparents the right to go to court and seek visitation with grandchildren in certain circumstances, but there is unfortunately no automatic right to grandparent visitation. You have to be able to establish that (1) you have such a meaningful relationship with the grandchildren that they will be harmed if you are not able to continue that relationship and (2) the parents are unreasonably withholding or denying access to the grandchildren. Courts are more likely to grant visitation when the parents are not married and where the parent denying access to the child is not related to the grandparent.

Because the law strongly favors the parents, if you wish to pursue visitation in court, it's a good idea to hire a local attorney to assist you. Grandparents have the burden or proving that the parents don't know what's best for the child in this scenario, and that can be tough.

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