Many families in the Peoria area have had a divorce affect their family. Despite a couple’s best intentions, their marriage may not last forever. When there are children involved, developing a parenting plan during a divorce can be difficult. Sometimes grandparents can feel left out of the process, and it is important for grandparents to understand their rights.

Grandparents do have the right to visit their grandchildren in Illinois. If grandparents are not being allowed access to their grandchildren, they can petition the court after the child turns one year old. At that point, grandparents can come to the court if one of the following circumstances exists: one of the child’s parents is determined to be incompetent; one of the child’s parents has been in jail for 3 months or longer; one of the child’s parents is deceased or has been gone for at least 3 months; the child’s parents are divorced and one of the parents agrees to the visitation or the child’s parents are not married and do not live together

The court will decide what is in the best interest of the child and if there are any potential negative consequences for letting the grandparent have visitation rights.

Understandably grandparents love their grandchildren and want to be part of their lives. When a divorce occurs or if a parent doesn’t allow the grandparents to visit, it can be a stressful situation. An attorney who specializes in allocation of parental responsibilities can help their client understand their legal rights and get the access they are entitled to in order to see their grandchildren.

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