Grandparents' Rights

Grandparents' Rights to Visitation

Do grandparents have a right to child custody or visitation? That is one of the most common questions family law attorneys receive from caring and concerned relatives. The short answer is no. In Illinois, there is no legal grandparents' right to visitation or custody. However, grandparents may petition the court to grant them the privilege of visitation.

Parents Can Deny Grandparent Visitation

The circumstances that give rise to many grandparents' rights cases involve divorcing parents or disputes between the unwed parents of a child. The parent with primary physical custody of the child has the right to deny the grandparents the right to see their grandchild. It is up to the grandparents and their lawyers to prove that denying them visitation would be harmful to their grandchild.

The family law attorneys of Murphy & Dunn, P.C. will work to show the court that it is in the child's best interest to award the grandparents the privilege of visitation. We will seek to prove this point by demonstrating that you have had a positive relationship with the child.

We also defend parents who choose not to allow grandparents to visit their children.

Grandparents and Custody

More and more grandparents are raising their grandchildren. In order to have the legal right to make decisions about the child's education, health care and general welfare, it is important to establish legal custody of the child. Our law firm helps grandparents establish custody for grandchildren who live with them. In some cases, we also help grandparents adopt their grandchildren.

In general, grandparents cannot obtain custody if the child is living with a parent and the parent wants to retain custody. The laws are complicated, so it is important to discuss your specific circumstances with a lawyer.

For A Free Initial Attorney Consultation

Contact us today for your free initial consultation. Parking is free. To set up an appointment, please call us at 866-681-5405, or fill out the Client Intake Sheet on this Web site. We now have two office locations to serve you better. Our man office is located at 456 Fulton Street, Suite 425, Peoria, Illinois 61602.