Can Someone Other Than a Parent Get Visitation With a Child? 

 Posted on March 10, 2023 in Family Law

Visitation or parenting time refers to the time a parent spends caring for his or her child. In Illinois, parenting time is typically divided between unmarried parents or divorced parents. For example, one parent is responsible for the child Monday through Wednesday, while the other parent is responsible for the child Thursday through Sunday.

However, there are situations in which a court may grant visitation to an individual who is not the child’s biological parent. If you are a grandparent, great-grandparent, sibling, or step-parent interested in receiving court-ordered visitation with a child, read on.

Illinois Laws Regarding Visitation for Non-Parents

Family dynamics can be extremely complicated. Some people find themselves in a situation where they are not allowed to see a child who is very important to them. The child may be their grandchild, brother or sister, or even step-child. For example, an intense argument between family members may result in a parent refusing to let the child see certain family members.

In circumstances like these, the non-parent may be able to petition the court for visitation with the child. Visitation ensures that the person has a legal right to spend time or communicate with the child.

Illinois courts make visitation decisions based on what is in the child's best interests. To determine whether visitation would be appropriate and beneficial, the court will consider factors such as:

• The reasons the non-parent wants visitation

• The reasons the non-parent has not been allowed to see the child

• The child’s wishes

• The mental and physical health of the parties involved

• The quality of the current relationship between the child and the non-parent

If a court grants visitation to a non-parent, it will specify when and how often visitation occurs. The court may also set limits on visitation, such as prohibiting overnight stays or requiring a parent to be present during visits.

Contact our Kane County Family Law Attorneys

Losing access to a young family member can be devastating for everyone involved. At Goostree Law Group, we understand how important visitation can be and we are dedicated to helping families determine the best solution for their situation. We also recognize that not every visitation petition is brought in good faith, and we can also help parents who do not want a third party to gain visitation rights.

If you are interested in petitioning for visitation with a child or need to contest a visitation request, contact our experienced St. Charles child custody attorneys for help. The team at Goostree Law Group can review your case and explain your rights and options. We will work diligently to protect the best interests of you and your loved ones. To schedule a free consultation, call 630-584-4800 today.

Source:

https://www.ilga.gov/legislation/ilcs/documents/075000050K602.9.htm