The relationship between grandchildren and grandparents can be a source of joy, frustration, and often a combination of the two. Each family is different, and nothing shines a spotlight on these differences more than a divorce. When parents divorce, it can leave grandparents wondering whether they will see their grandchildren. Although the exact answer depends on the specifics of each case, it is helpful to have some foundational information to better understand how things may play out.
Can grandparents get visitation to see their grandchildren?
Grandparents in Illinois can petition for visitation under 750 ILCS 5/602.9, but they must meet strict requirements. The law presumes parents act in the child’s best interest, making court intervention challenging for grandparents. Parental decisions about visitation receive constitutional protection, necessitating careful judicial consideration.
What is undue harm?
There are situations when grandparents can seek court involvement to allow visitation even against the parents wishes. To do so, the grandparents will need to establish that the parent’s attempts to keep the grandparents away from the grandchildren are causing the grandchildren undue harm. Grandparents can achieve this by providing evidence of harm to the children’s mental, physical, or emotional health that resulted as a lack of their involvement in their grandchildren’s lives.
When can grandparents petition for visitation?
Grandparents can petition for visitation under specific circumstances. The child must be at least one year old and one of the following must be true:
- Parent is deceased, missing at least 90 days, or incompetent,
- Parent is incarcerated, or
- Parents are divorced or legally separated, with at least one not objecting strongly to grandparent visitation.
Petitioners must demonstrate that denial is more than a parental disagreement; actual harm is required.
What factors do the courts consider when looking for undue harm?
Courts evaluate several factors when looking for undue harm, including:
- Length and quality of the grandparent-child relationship, such as regular contact and history of caregiving
- Wishes of the child, depending on age and maturity
- Health of the child and grandparent
- Good faith of both parties
- Potential for visitation to disrupt family dynamics or cause adult conflict
- Any evidence of past abuse, safety issues, or criminal history
These factors help courts assess whether visitation aligns with the child’s best interests while respecting parental rights.
Grandparents who wish to have a successful visitation petition must establish that their case meets these factors. The threshold is high, and it is wise to take the matter seriously and gather evidence to help support their claim.