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Wakenight & Associates, P.C.

707 N. York Street, Suite 201, Elmhurst, IL 60126

Elmhurst | 630-528-0734

Mokena | 815-458-5660   Oak Park | 708-480-9651

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Elmhurst Non Parent Child Visitation Attorneys

Western Springs Stepparent Visitation Lawyers

Family Lawyers in DuPage County for Third Party Visitation Privileges

Many families make it a priority to spend a great deal of time with relatives and extended family members. In such situations, it is common for family members to support one another and to help each other raise their children in a loving, caring environment. Sometimes, however, family relationships are not so healthy, and a child's parents may elect to limit the child's interactions with certain relatives or family members.

If you are being prevented from spending time with a child to whom you were once close, the skilled attorneys at Wakenight & Associates, P.C. can help you understand your options for taking action. Depending on the circumstances, however, you might not have much recourse.

Understanding the Law in Illinois

Illinois law presumes that parents will make decisions that serve their child's best interests. Therefore, if the parents decide to limit their child's contact with you, the courts will start from the position that the parents are doing so for a good reason. If you wish to pursue visitation privileges with the child, you may be able to overcome this presumption, but you will need to show that the limitation is harming the child in some way.

It is important to keep in mind that only certain family members may petition the court for visitation privileges with a child, including the child's grandparents, great-grandparents, siblings, and stepparents. The court will not consider a petition from any other relatives or from a third party who is not related to the child.

Non-parent visitation privileges may be granted if you can show that the limitation of contact is unreasonable, the child is being harmed by the limitation, and at least one of the following is true:

  • The child's parents are divorced, and one of the parents consents to your visiting with the child;
  • The child's parents were not married, and you are related to one of the child's legal parents;
  • One of the child's parents is deceased and the other is keeping you from seeing the child;
  • One of the child's parents is missing or has been incarcerated for at least three months; or
  • One of the child's parents has been deemed unfit.

Factors in Deciding on Non-Parent Visitation

At Wakenight & Associates, P.C., we realize that the court is required to make decisions that serve the child's best interests. In most cases, this means that the court is likely to conclude that the parent has valid reasons for denying access to the child, but proving otherwise is possible. When making its determination about your visitation privileges, the court will consider:

  • The child's wishes, accounting for his or her age and maturity;
  • The child's physical and mental health;
  • Your physical and mental health;
  • The quality and duration of your previous relationship with the child;
  • Your reasons for requesting visitation;
  • The child's parents reasons for denying visitation; and
  • How a visitation plan could be created to minimize the child's exposure to conflict between the adults in question.

Call 630-528-0734 for Guidance Today

If you are being kept from seeing a child who was once an important part of your life, contact our office to discuss your case in a free, confidential consultation. Call 630-528-0734 for an appointment at any of our three convenient locations. Our firm represents clients in Elmhurst, Oak Brook, Addison, Villa Park, Western Springs, Burr Ridge, La Grange, Kane County, DuPage County, and the surrounding areas.


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