Can Grandparents Get Custody in Illinois?

 Posted on August 15, 2024 in Child Custody

We are all familiar with that image of the family that has made it and accomplished the American dream: a mom and dad with a few kids playing happily in the front yard of their home with its white picket fence. Unfortunately, the reality for many people is quite different. Raising children can be challenging, and making a decent living to provide them with a safe and healthy environment can be very hard. If someone becomes a parent while struggling with issues like addiction, mental health conditions, or financial instability, they might find that they are unable to focus on the child’s needs in the way a parent needs to. While it is quite rare, there are some times when a grandparent can be granted custody over children in Illinois. If you have significant concerns for the safety and well-being of your grandchild, speak with a qualified St. Charles, IL child custody lawyer to review your options.

Visitation Rights or Custody

If a child’s parents are fit to raise them and have custody over them, it is exclusively for the parents to decide if grandparents can visit their children. Grandparents do not have any legal rights to their grandchildren, but like any non-parent, they have the right to petition a court for visitation rights. They would need to prove that the parents are harming the child mentally, emotionally, or physically by prohibiting them from seeing each other. If the grandparents had a history of frequent, regular visits that were suddenly stopped, they might be granted court-mandated visitation. However, there are no guarantees, especially because Illinois prefers giving parents the authority to decide how to raise their children.

For grandparents to be granted custody, stricter conditions need to be met. The parents need to be declared unfit due to substance abuse or criminal activity or willingly give up their parental rights. It is not easy for a non-parent to prove that parents are unfit to raise their children. The courts take these accusations very seriously and require proof, and the child’s best interest is always weighed heavily in any deliberations about such claims.

How Is a Parent Declared Unfit?

It can be painful when a family needs to declare someone unfit. Illinois generally prefers to let people live their lives as they see fit, so getting someone recognized as unfit to raise their children is not simple, but it is possible under certain circumstances. You need to the parents have done at least one of the following:

• Abandoned the child
• Abused the child emotionally or physically
• Suffers from mental illness, instability, or substance abuse problems
• Neglected the child
• Placed the child in an unsafe environment
• Was incarcerated

You would need to provide unequivocal proof of these allegations, including criminal records, photographs, or police reports.

Schedule a Free Consultation with a Kane County, IL Family Law Attorney

When you are concerned about your child’s instability and well-being, it can be challenging and painful. When your child is a parent as well, your distress is compounded by your concerns for your grandchildren. Speak with a compassionate St. Charles, IL child custody attorney to understand your options. At Goostree Law Group, we are dedicated to helping families and will fight hard to get you the best outcomes possible. Call us at 630-584-4800 to schedule a free consultation.