It may be a hard pill to swallow, but grandparents do not have inherited visitation rights to a child. In fact, if a parent were to deem a grandparent a danger to their child, they could prevent that grandparent from interacting with the child. The rights of grandparents are not governed by federal law. As a grandparent in Illinois, it is always a good idea to fight for your rights to your grandchildren by consulting an experienced family law attorney.

When Do Grandparents Have Visitation Rights?

Grandparents’ rights are limited in Illinois. A grandparent can only be granted legal visitation rights to their grandchildren through court-ordered visitation. A child must reach the age of one year before a grandparent can petition for legal grandparent visitation rights. Before one year old, birth parents can choose to keep grandparents from visiting or interacting with their children.

How Can Grandparents Obtain Visitation Rights?

A grandparent must petition the Illinois court for grandparent rights. To have rights granted to a grandparent, they must meet at least one of the following:

Some specific orders and laws must be followed when it comes to being a guardian, whether to a child or an adult. A ‘disabled person’ is someone who is eighteen years or older and who is unable to manage themself mentally or physically. Being the guardian of a disabled adult is a serious responsibility and requires a person to be given control of all aspects of another person’s life. A guardian must act in the best interest of the ‘ward’ (otherwise known as the person who the court has declared as a disabled adult who has been appointed a guardian). They must avoid any conflict affecting the ward and are expected to seek out and rely on financial and legal assistance when appropriate.

A Guardian's Basic Duties

Under the law, a guardian has primary duties they must follow. They will be responsible for any personal or medical care the ward requires. They may also have physical custody of any children that the ward may have who depend on the ward for support and maintenance. A guardian will need to make decisions for the ward’s personal and healthcare and any living arrangements. A guardian will also be required to file written reports on the ward’s current condition, living arrangements, any activities they spend their time doing, and a summary of the guardian's contact with the ward. It is up to a judge or attorney to determine how frequently the court will require the guardian to make these reports.

The Limitations of a Guardian

There are a few limitations for a guardian that are only allowed with the court's permission. However, the ward also has the right to modify and terminate the terms of the guardianship. A guardian must receive a court order if they want to put the ward in a residential facility, such as a nursing home or a mental health facility.

The termination of parental rights is a major decision and should not be taken lightly. In some cases, parental rights are surrendered voluntarily, while in other instances, the court makes the decision that a biological parent is unfit to maintain their parental rights. Typically, termination of these rights can be decided during an adoption or juvenile case. There are multiple ways in which a court may determine if terminating a parent’s rights is in the best interest of the child. 

How Does a Court Determine a Parent to be “Unfit”?

Nearly everyone has different parenting styles and beliefs when it comes to raising a child. However, some parents may be neglectful or abusive toward their children. In these cases, a court may determine that they are unfit to continue parenting their child or children and terminate their parental rights. Some of the factors that may contribute to parental rights being terminated include:

• The parent has abandoned the child

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Protection orders are court orders that are placed with the intention of protecting an individual or individuals from an abusive person in their household or family. These orders are governed under the Illinois Domestic Violence Act (IDVA). Originally passed in 1982, the IDVA brings legislative recognition to the gravity of domestic violence by providing a wide range of protection to victims. We will be discussing three different types of protective orders: civil no-contact orders, orders of protection, and stalking no-contact orders. 

Civil No Contact Orders 

A civil no-contact order requires that a person who has committed sexual assault or abuse stay away from the person they assaulted. Any person who is a victim of non-consensual sexual conduct or penetration is eligible to petition for a no-contact order, regardless of age, blood relation, or romantic interest. If you are a minor or an adult with health issues that prevent you from filing yourself, you may have a parent or trusted adult file on your behalf. Filling out this petition may require someone to share details or proof of the assault. Additionally, an advocate at your local rape center can help with filling out this petition. 

Order of Protection 

An order or protection requires the person who committed the domestic abuse to stay away from those they have abused. Family or household members are eligible for this protection if they are related by blood or marriage to the abuser, share a home with the abuser, have a child with the abuser, have some sort of romantic relationship with the abuser, or are high-risk adults with disabilities. Anyone who has been abused, threatened, or deprived of necessities can ask for an order of protection.