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Wakenight & Associates, P.C.

1100 Lake Street, Suite 120, Oak Park, IL 60301

DuPage County | 630-852-9700

Mokena | 815-727-6144   Oak Park | 708-848-3159

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Elmhurst Grandparent Visitation Attorneys

Wood Dale Grandparents' Rights Lawyer

Lawyers Protecting the Rights of Grandparents in Oak Brook and Villa Park

At Wakenight & Associates, P.C., we recognize the special bond that often exists between a child and his or her grandparent. If you have grandchildren, you probably look forward to spending time with them just as much as they look forward to spending time with you. Unfortunately, it is not uncommon for a family situation to break down to the point where grandparents are unable to maintain the relationship they once had with their grandchildren.

There are several provisions in Illinois law that address the rights of grandparents in certain situations. If you are a grandparent who is being kept from seeing your grandchild as the result of a divorce or other family problems, our skilled attorneys can help you take appropriate action.

DuPage County Lawyers Who Know the Law

Under the law in Illinois, a child's legal parents are entitled to reasonable parenting time with the child. The law makes no such guarantee to grandparents. Instead, the law presumes that the parents have the right to choose who should or should not spend time with their children, as long as those choices are reasonable and not harming the child. This means that if you are being kept from seeing your grandchild, there is a presumption that your grandchild's parents—possibly including your own child—are protecting the child's best interests.

If you believe, however, that your grandchild is being hurt by your absence in his or her life, you might be able to petition the court for visitation privileges. You have the legal standing to request visitation if you are being kept from your grandchild unreasonably by one parent, the child has suffered harm because of it, and one of the following conditions is met:

  • The parents are divorced, and one of the parents agrees with your request for visitation;
  • The parents were never married, and your child is one of the legal parents;
  • The other parent is no longer living;
  • The other parent is in prison or missing for at least three months; or
  • A parent has been found to be unfit.

Advocates for Grandparents in Western Springs and Lombard

The skilled attorneys have more than 95 years of combined family law experience. We are equipped to help you handle the avalanche of familial, emotional, psychological, custodial, logistical, and legal elements of grandparent visitation proceedings.

When deciding whether to grant you visitation with your grandchild, the court will consider a number of factors. Among the most important of these is the relationship you had with the child before you were kept from spending time with him or her. For example, if you visited with your grandchild regularly or were the child's primary caretaker in the recent past, the court will take these things into account. Conversely, if you and your grandchild only had minimal interactions or rarely saw one another, the court will consider these factors as well.

Get the Help You Need

If you are a grandparent who would like to learn more about petitioning the court for visitation with your grandchild, contact our office. Call 630-852-9700 for a free, no-obligation consultation at any of our three convenient locations. Our firm serves clients in Elmhurst, Oak Brook, Lombard, Western Springs, Burr Ridge, Addison, La Grange, Hinsdale, Wood Dale, Rolling Meadows, Kane County, DuPage County, and the surrounding areas.

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