subject: Digging Deep Into The Illinois Grandparents Rights [print this page] Illinois Grandparent Visitation Rights were most recently limited by In re Grandparent Visitation of Pfalzgraf. 378 Ill.App.3d 1107 (Fifth District 2008). In Pfalzgraf, the paternal grandparents of the minor child petitioned the court for visitation pursuant to section 607 of the Illinois Marriage and Dissolution of Marriage Act.
Both parties agreed that the paternal grandparents should have visitation with the minor child, China. The disagreement was as to whether the paternal grandparents visitation should occur during the mothers visitation or the fathers visitation.
The grandparents asked for the grandparent visitation to occur during the mothers visitation time, so as not to diminish their sons visitation with China. The mother objected, as she did not want the grandparents visitation time to cut into her own visitation time with China.
According to section 607 of the Act, The visitation of the grandparent must not diminish the visitation of the parent who is not related to the grandparent seeking visitation. 750 ILCS 5/607(a-5)(1)(B)(2006).
The Illinois court allowed the paternal grandparents visitation, but ordered that it had to occur during fathers visitation time, and could not diminish the time during which mother had the child.
According to section 607 of the Act, Grandparentsof a minor child, who is one year old or older, have standing to bring an action in circuit court by petition, requesting visitation in accordance with this SectionA petition for visitation with a child by a person other than a parent must be filed in the county in which the child resides. 750 ILCS 5/607. Any grandparent or great grandparent may file a petition for visitation rights if a parent is unreasonably denying the grandparent visitation and any one of the following criteria are met: the childs other parent is deceased or missing, a parent of the child is deemed legally incompetent, a parent is incarcerated, the childs parents are divorced and at least one parent does not object to the grandparent visitation, and the child is born out of wedlock and the petitioner is the maternal or paternal grandparent. 750 ILCS 5/607(a-5)(1)(A).
When determining whether to grant a grandparent visitation rights, Illinois courts will look at multiple factors including: whether the child is mature enough to express a preference, the mental and physical health of the child, the mental and physical health of the grandparent, the length and quality of the prior relationship between the child and the grandparent, the good faith of the party in filing the petition, the good faith of the person denying the visitation, potential adverse impact on the child of any visitation, where the child resides, whether the grandparent was a primary caretaker of the child, and any potential harm to the childs health. 50 ILCS 5/607(a-5)(4).
While a parent has a fundamental right to raise his child as she sees fit, the Illinois courts allow for grandparents to petition for their visitation rights. If the factors listed above are met, the courts may award visitation rights to Illinois grandparents.
