subject: Visitation Rights In Illinois - Fostering Relationships [print this page] A non-custodial parent is entitled to reasonable visitation rights, absent a court's finding that visitation rights would seriously endanger the child's health and well-being. Grandparents, great-grandparents, and siblings may also petition the court for visitation with a minor child in Illinois. 750 ILCS 5/607.
In child visitation rights proceedings, there is a rebuttable presumption that a fit parent's actions in regard to petitions for visitation are not harmful to the child. The party moving for visitation with the minor child bears the burden to prove that the parent's denial of visitation is harmful to the child.
Parents are not the only ones entitled to child visitation rights in Illinois. Stepparents, grandparents, great-grandparents, and siblings of a minor child who is one-year-old or older all have standing to bring a visitation action in court.
The Illinois courts may grant reasonable visitation rights to a stepparent, if that visitation is found to be in the best interest of the child. Special circumstances must exist in order for a stepparent to petition the court for visitation. The child must be at least 12 years old, and must have lived continuously with the parent and stepparent for at least five years. For a stepparent to be granted visitation rights in Illinois, the parent must be deceased, disabled, or otherwise unable to care for the minor child. Further, the child must desire to have the reasonable visitation with the stepparent. Finally, the stepparent must have been providing for the care of the child before he filed the petition for visitation rights.
When determining whether to award a grandparent, great-grandparent, or sibling visitation rights, the court takes multiple factors into consideration. The court evaluates, if the child is mature enough to express a preference, whether the child desires the visitation to take place. The court also looks to the health of both the child and the person petitioning the court for visitation rights. The court evaluates the quality of the relationship between the child and the person petitioning the court, and also looks to the good faith of the person filing the petition.
Parents or grandparents of a putative father whose paternity has not been legally established may not petition the court for visitation rights with the minor child.
The court will not modify an order granting child visitation rights unless a change of circumstance for the child occurs. If a change of circumstance occurs, a parent may always petition to modify the child visitation rights in the best interest of the child. Attorney fees and costs will be assessed against a party seeking to modify the visitation order if the court finds that the petition for modification constitutes harassment. 750 ILCS 5/607.
