Grandparent Visitation Rights in Illinois
By Jonathan D. Steele | Updated January 2025
Grandparent Visitation Rights Illinois
Grandparents don't have automatic visitation rights in Illinois. Under 750 ILCS 5/602.9, grandparents may petition for court-ordered visitation only in specific circumstances—such as when a parent is deceased, incarcerated, or divorced—AND when they've been unreasonably denied access. Courts presume fit parents can decide who sees their children. Grandparents must prove denying visits harms the child's best interests.
The Hard Truth About Grandparent Rights in Illinois
Illinois law strongly favors parents' rights to control who has access to their children. The U.S. Supreme Court in Troxel v. Granville (2000) established that fit parents have a constitutional right to make decisions about their children's upbringing—including who visits them.
This means:
- If both parents are alive, married, and agree you shouldn't visit, courts are unlikely to override them
- You must prove the parents are unreasonably denying access—having a reason (even one you disagree with) may defeat your petition
- Even if you qualify to petition, winning is not guaranteed
This isn't meant to discourage you—it's meant to give you realistic expectations before spending $10,000+ on litigation.
When Can Grandparents Petition for Visitation?
Under 750 ILCS 5/602.9, you must meet TWO requirements:
Requirement 1: One of These Circumstances Exists
Requirement 2: Unreasonable Denial of Access
Even if a circumstance exists, you must prove the parent is unreasonably denying you access. Courts recognize these as "reasonable" reasons to limit grandparent contact:
- You undermine the parent's authority or rules
- History of conflict, verbal abuse, or hostility toward the parent
- Substance abuse or safety concerns
- You've made false allegations against the parent
- Distance/logistics make visits impractical
How Courts Decide: Best Interests Factors
If you meet the threshold requirements, the court then determines whether visitation serves the child's best interests under 750 ILCS 5/602.5. Factors include:
- Existing relationship: Do you have a meaningful bond with this child?
- Child's preference: If mature enough (typically 12+), what does the child want?
- Mental and physical health of all parties
- History of domestic violence or abuse
- Whether you support the parent-child relationship—or undermine it
- Willingness to cooperate with any visitation schedule
Key Point: Courts look at whether you're trying to maintain a relationship with the child—or using visitation as a weapon against the parent you're in conflict with.
Visitation vs. Custody: Different Standards
| Visitation | Custody |
|---|---|
| Maintain relationship with child | Become child's primary caregiver |
| Must prove best interests | Must prove parent is unfit |
| Moderate burden of proof | Very high burden |
| Typical cost: $5K-$15K | Typical cost: $15K-$50K+ |
Seeking custody requires proving abuse, neglect, abandonment, or unfitness. Simply disagreeing with parenting choices—even strongly—is not enough.
The Legal Process for Grandparent Visitation
- File Petition – Submit to the Circuit Court with filing fee (~$388). You can file as part of an existing family case (divorce, paternity) or as a new action.
- Serve the Parent(s) – Parents must receive official notice and opportunity to respond.
- Parent Response – They'll likely oppose. Their attorney may file a motion to dismiss arguing you don't meet the statutory requirements.
- Mediation – Many counties require mediation before trial. A mediator helps negotiate a visitation schedule. Cost: $1,000-$3,000.
- Guardian ad Litem (GAL) – Court may appoint a lawyer to represent the child's interests and make recommendations. Cost: $3,000-$5,000.
- Hearing or Trial – You present evidence (photos, witnesses, documentation of relationship). The parent presents their case. Judge decides.
Timeline: 6-12 months. Typical cost: $5,000-$15,000+.
Before You File: Consider This
Litigation is adversarial. Filing a petition may permanently damage your relationship with the parent—and make future informal access even less likely. Consider:
- Private mediation before filing (less hostile)
- Family counseling to address underlying conflict
- Letter from an attorney requesting access (sometimes works)
- Whether the parent has legitimate concerns you could address
Assess Your Grandparent Visitation Case
Every family situation is different. I'll honestly evaluate whether you meet the legal requirements and what your realistic chances are—before you spend thousands on litigation.
Schedule Free ConsultationOr call (312) 726-5015
Frequently Asked Questions
Do grandparents have legal rights to see grandchildren in Illinois?
No automatic rights. You can petition under 750 ILCS 5/602.9 only in specific circumstances, and you must prove unreasonable denial plus best interests of the child.
Can grandparents get custody in Illinois?
Only if you prove both parents are unfit, unwilling, or unable to care for the child. This requires evidence of abuse, neglect, or abandonment—a much higher bar than visitation.
What if my grandchild's parent died?
This is one of the strongest cases. The surviving parent may be more likely to allow visits, but if they refuse, courts often look favorably on maintaining the deceased parent's family connections.
Do great-grandparents have visitation rights?
Yes. Under 750 ILCS 5/602.9, great-grandparents have the same rights to petition as grandparents, under the same requirements.
How much does a grandparent visitation case cost?
Typically $5,000-$15,000 including attorney fees, filing fees (~$388), and potentially a Guardian ad Litem ($3,000-$5,000). Cases going to trial cost more.