On behalf of Stange Law Firm, PC posted in Child Custody on Monday, November 28, 2016.
Divorce and other life events in Illinois that require legally binding child custody decisions have the potential to be severely traumatizing to the children concerned. Although the best interest of the child and the rights of the parent are the two primary factors to be considered when the court makes its decisions, grandparents have a recognized role in the health and well-being of the child. If it is possible to do so, then the court will protect the rights of the grandparents and work with them to devise arrangements that allow visitation or possibly even custody of the child.
If both of the parents of the child have died or otherwise been permanently incapacitated, then the court will often award custody of the child or children to the grandparents. However, if only one parent is dead or completely unsuitable, the court will typically award custody to the other parent in preference to a grandparent.
In terms of visitation, the marital status of the child’s parents is a large factor in determining whether or not to grant grandparents rights. In some states, one of the parents must be deceased in order for the court to grant their parents visitation. In some states, courts only consider visitation rights for grandparents if they have been denied visitation by the child’s parents.
An attorney with knowledge of family law can be an able assistant to someone who needs to go before the court and advocate for their ideas for child custody or visitation arrangements. They can also be of use in drawing up any relevant documentation.