Illinois formerly considered any court-sanctioned time spent with a child as “visitation,” even if it was time with the child’s parents. Now, the time that parents spend with their children is called “parenting time,” and the term “visitation” is only used when a non-parent obtains a court order allowing them to spend time with a child. 

Generally, parents have total discretion when deciding who gets to visit their children and spend time with them. However, after parents get divorced, grandparents who previously played a large role in a child’s life may find themselves suddenly shut out. When this happens, it is possible to petition the court for the right to visit that child, but only when certain circumstances are met. 

Who Can Petition For a Right to Visit a Child in Illinois? 

Grandparents are not the only non-parental figures who can petition for the right to visit the child. Great-grandparents, step-parents, and siblings can also request the right to spend time with a child. Any person who is requesting visitation must prove the following: 

After your divorce is finalized, it is still important for your children to have a good relationship with both parents. As such, you should try to make the best out of each visit with your kids. If you make each visit fun and productive, it will benefit everyone. Here are some dos and don'ts of visitation with your children.

Do

• Arrive on time. While being late every once in a while is one thing, frequently arriving tardy to visits with your children is not good. Show your ex and children that you respect them by coming to your visits on time. If you know you are going to be late, let your ex know immediately.

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When a couple has made the decision that it is time to divorce, it can be a difficult process for the entire family. There are many things that the couple will need to adjust to, but there are also many things that the family members will need to adapt to as well. One of the biggest changes that is often difficult for many families is dealing with change in the day-to-day life of the child. Child custody, now referred to as parenting time, is allocated to each parent, typically in an equal or near-equal manner. In some cases, though not always, individuals other than the child’s parents are able to petition for visitation rights with the child.

Individuals Permitted to File a Petition for Visitation

Not everyone is legally entitled to visitation rights with a child. According to the Illinois Marriage and Dissolution of Marriage Act (IMDMA), there are only specific people who are able to submit a petition for visitation. These people can include step-parents, grandparents, great-grandparents, or siblings of the child. Visitation will only be given to non-parents if the petitioner can successfully argue that the child’s well-being has been negatively affected by the denial of the visitation and that the child’s mental, physical, or emotional health has suffered because of it. A non-parent can file for visitation if the child’s parent unreasonably denies visitation and at least one of the following situations is true:

A divorced, separated, or unmarried parent should never feel like a stranger in the life of his or her child. For many parents, however, that was often their reality as Illinois—like many states—used to refer to their time with their children as “visitation.” A parent who is seen as a “visitor,” rather than integral part of the child’s life, could experience a variety of problems, including a lack of parental authority and the appearance of not being fully committed to his or her child’s best interests.

Last year, however, an amended law took effect which proved that Illinois lawmakers recognized the struggles of many divorced parents. The new law was an effort to “level the playing field” so to speak between parents with different levels of parental responsibilities.

Visitation Is Now Parenting Time

Allocating parental responsibilities often involves more than just parents and children. Grandparents and other family members often play a critical role in a child's life. For this reason, Illinois low allows grandparents to seek court-ordered visitation rights with a child.

It is important to understand that the law presumes that a parent is fit to make decisions regarding their child. This includes where and when to let a grandparent visit. If, however, the grandparent can prove to the court that the parent's denial of access is both unreasonable and harmful to the child's “mental, physical, or emotional health,” a judge can override the parent after considering a number of factors.

Court Holds Oral Visitation Agreement Unenforceable in Illinois