In recent years, the issue of Grandparent's rights to visitation in divorce has come to the forefront. Sadly, what will often happen in divorce are the parents of the non-custodial parent end up cut off from their grandchildren. This may be especially true if the grandparents and grandchildren live a far distance from each other.
Grandparents have limited rights to have court ordered visitation or custody and the circumstances are fact specific. Courts acknowledge a parent's fundamental right to raise his or her child and to make decisions concerning the child free from state intervention, absent a threat to the child's health and safety. Court ordered grandparent visitation can be considered improper interference by the State in a parent's fundamental right to raise a child. However, under certain circumstances, grandparents have been awarded custody, visitation or guardianship of grandchildren when parents are unable or unfit to take care of a child. Requirements in each of these circumstances are very fact specific and cannot be approached lightly
Grandparent's rights have become a controversial issue. On the one hand why should grandchildren be denied time with a grandparent because their parents no longer live together or are getting a divorce? Conversely, at what point does the intervention of the courts infringe upon a person's civil liberties?
Grunyk & Associates, P.C. is experienced in third party custody and visitation.
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To speak with one of our experienced lawyers about grandparent issues, email our office today.
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5th Avenue Station
200 E. 5th Avenue, Suite 113
Naperville, IL 60563
Phone: 630-364-4834
Fax: (630) 428-3313
Representing clients throughout Illinois including Naperville, Lisle, Aurora, Woodridge, Downers Grove, Darien, Westmont, Bolingbrook, Romeoville, Oswego, Yorkville, Joliet, Plainfield, Warrenville, Wheaton, Geneva, St. Charles, Batavia, Chicago and other cities in DuPage County, Will County, Kendall County, Kane County and Cook County.
