Expert: Michael Troy - 9/30/2011

Question
The Mother of the Father of my child told both my childs' Father and I we were not permitted at her home. When told this I let her know that meant she wouldn't be seeing my child and she brought up Grandparents Rights and threatened to take me to Court. I was just curious what these are in the state of Illinois, what it means, and what she would have to do to obtain Grandparents Rights? - Thank You!

Answer
Hi Jamie,

First, keep in mind that I cannot provide legal advice in this forum.  For legal advice on your rights and responsibilities, you would need to speak with an attorney licensed in your state who is far more familiar with the states of the states and court opinions in your State and who can advise you properly.

That said, I'm happy to provide a little background on Grandparent laws.  In the 1980's and 90's such laws became popular in various states, guaranteeing visitation rights to grandparents or other family members.  Courts, including the US Supreme Court, have generally struck down these laws as unconstitutional violations of parental rights to raise their children as they see fit.  As long as the parents have not been deemed unfit by a court, the parents have the ultimate say in who spends time with their children.

In light of various court opinions, some states have revised such laws, creating limited exceptions in cases where parents are separated or where one parent has died.  The Constitutionality of such cases is still an open question.  Illinois has revised its laws to comply with court opinions to put the burden on the grandparent to show that denial of visitation is somehow harmful to the child's well-being.  This frequently becomes an issue in cases where the grandparent raised the child as a parent for several years, or some similar situation.

Generally speaking, if the parents are still together, are not considered unfit, and the grandparent has not temporarily filled in as the effective parent at some point in the child's life, grandparents have no visitation rights under the law.  But again, you would want to consult with an attorney who can evaluate your specific situation and the state of the law in Illinois for a more determinative opinion on the State of the law.

For more, you may find this site helpful:

http://grandparents.about.com/od/grandparentsrights/qt/Grandparent_Rights_in_Ill

I hope this helps!
- Mike