Northbrook Grandparents’ Rights Attorney

If you are a grandparent who is seeking visitation time with your grandchildren, Silberman Law Group can help. In Illinois, grandparents and other third parties may be able to obtain reasonable visitation rights if the courts determine that it is in the best interest of the child or children. Northbrook grandparent’s rights attorney David Silberman has more than 15 years of experience helping grandparents obtain legal custody and establish legal visitation rights with their grandchildren.

Table of Contents

Real Solutions for Real Northbrook Families.

Establishing Visitation Rights for Northbrook Grandparents

Grandparents often play a significant role in the lives of their grandchildren in Illinois. Due to family circumstances, however, their children may deny them the opportunity to be involved. At the Silberman Law Group, we recognize the importance of the grandparent-grandchild relationship. Let us work to protect your right to maintain a healthy relationship.

Let Illinois grandparents’ rights attorney David Silberman help preserve the relationship with your grandchild. Call 312.593.0075. today.

What Is the Process for Establishing Visitation Rights as a Grandparent?

The importance of family bonds cannot be understated. If you have been denied visitation with your grandchild, grandparents’ rights lawyer David Silberman can help. Our law firm will guide you through each phase of the process, including:

Familiarizing Yourself With Your Rights

While Illinois allows non-parents to seek visitation, certain circumstances must exist for such petitions to receive consideration. If you have been denied access to your grandchild by his or her parents, you should consult with a grandparents’ rights attorney at our law firm to discuss your rights and your legal options.

Gathering Supporting Documentation

To make a determination regarding your petition, the court will consider several factors, including your relationship with your grandchild. Therefore, in preparing for court, you will want to collect information that supports your request for visitation. For example, this may include any records you have of past visitation, photos or letters that serve to document your relationship, details regarding the child’s living situation, and evidence of the parent’s inability to provide for the child.

Filing a Petition With the Court

To initiate the process, you will submit the appropriate forms to the court and pay any associated fees. When completing the forms, your grandparent visitation lawyer will help ensure you submit complete and accurate information, which may help avoid delays in your case or a denial of your petition. Upon filing a petition with the court, you will also need to serve notice on those involved. Often, this will include the child’s parents or guardians, as well as any other relevant parties.

Attending the Court Hearing

After filing your petition, the court will schedule a hearing to review your case. At the hearing, a grandparents’ rights attorney will present your case, clearly laying out the reasons you have asked for visitation and the evidence that supports your request. Based on the evidence you and the child’s parents provide to the court, the judge will issue a ruling.

Under What Circumstances Might a Grandparent Receive Visitation in Illinois?

As a grandparent, Illinois law provides a path for you to establish visitation rights. The court generally holds that parents should have discretion over who their children interact with, however. Therefore, certain criteria must be met for the court to grant your petition.

Criteria for Granting Visitation

Family law courts will consider a petition for visitation by a grandparent, provided certain circumstances exist. For the court to grant visitation to a non-parent, you will need to establish that at least one of the following requirements is met:

The parents are divorced or legally separated, or have a pending case, and at least one parent does not object
The child was born to unmarried parents who do not reside together
One of the child’s parents has been incarcerated for three months or more
One of the child’s parents has been missing or deceased for three months or more
One of the child’s parents is deemed incompetent

If one or more of these circumstances exist, then the court will consider the case to determine if it is in your grandchild’s best interests to have regular visitation with you.

Additional Factors of Consideration

To decide if awarding visitation to a grandparent is in the child’s best interests, the court will consider several factors. These include:

The reason the grandparent is seeking visitation
The reason the parents have denied visitation
The existing relationship between the grandparents and grandchild
The grandparent’s role in acting as a caretaker for the grandchild
The impact on the time requested on the grandchild’s regular activities

Family law courts considering grandparents’ rights will also take into account the grandchild’s physical and mental health, as well as his or her preference. The petitioning grandparent’s physical and mental wellness also factors into the court’s decision.

Silberman Law Group Handles the Following Cases

Helping families navigate some of life’s most difficult challenges, family law attorney David Silberman at the Silberman Law Group provides dedicated advice and representation to people living in Northbrook, and throughout the surrounding area. We handle a wide range of family law matters, including:

Spousal Support
Child Custody and Visitation
Child Support

LGBTQ
Post-Decree Modification and Enforcement

FAQs About Grandparents’ Rights in Illinois

1. Can a grandparent’s visitation rights be modified or terminated in Illinois?

Like other visitation orders, there are situations in which the court may see fit to modify or terminate your time with your grandchild. For example, this may include a significant change in circumstances that impacts the child’s well-being, a direct risk to the child’s safety, or violation of the court’s order.

2. I’m the paternal grandparent of a child born out of wedlock. Do I still have visitation rights?

As a grandparent, you have a right to seek visitation if the qualifying circumstances exist. However, in order to access those rights as a paternal grandparent to a child born out of wedlock, your son will need to have established paternity. He may have done this through a voluntary acknowledgment or by obtaining a court order.

3. How does the adoption of my grandchild affect my rights as a grandparent in Illinois?

Under most circumstances, the adoption of your grandchild will relieve you of any grandparents’ rights in Illinois. The adoption process legally severs the relationship between your grandchild and his or her parents, and with that, yours as well. If the adoption was by a stepparent or other close relative, the court may consider preserving your right to visitation.

What Our Clients Are Saying

"I can’t say enough about David. His professionalism, honesty and integrity separates him from all the rest. He helped our family through a very difficult child custody case. The other family went through two lawyers before David won our case. I highly recommend him and have to several of my friends and coworkers. You won’t be disappointed."

“David is a complete hands on attorney. Things got very complicated in my divorce, and he calmly walked me through it and got everything done where all party’s came away happy. Which is very rare. If you need a competent attorney, I would highly recommend David.”

"My experience with David Silberman has been positive. He is kind, understanding and really listens to you. He made me feel very comfortable as a client and does everything he can to be fair. He is very detailed oriented and takes his time with explaining procedures. He is a very thoughtful and caring attorney and I don’t know what I would do without his expertise and guidance."

"David’s accessibility and knowledge are second to none. I’m grateful for his expert advise and high level customer service."