Illinois grandparents win appeal of their case in Springfield. Maternal grandparents of 4 children are now able to have visitation with their grandchildren.
In re RLS, is an Illinois Supreme Court case that sets the standard for grandparents and to get guardianship. A grandparent will be able to get guardianship if they can show that the parent is unable or unwilling to care for the child. There is no clear definition to show unwilling or unable, but some courts have awarded guardianship where the parent has a drug abuse problem, mental health issue, history of child abuse or is unable to feed, clothe or shelter the child.
The Illinois Legislature is considering changes to the Illinois Domestic Relations Statute that may impact Illinois Grandparent Visitation. Visitation may be available for relatives who are not grandparents. Goldberg Law Group will keep you updated
Recently, an Illinois Circuit County Judge granted visitation to the paternal grandparents of a young girl. The paternal grandparents had to file against their own son for visitation. The mom was never a part of the grandchild’s life, and she was raised by her father and the paternal grandparents. Child lived with the parental grandparents for almost 9 years, both with and without the father. Father eventually met a new woman and married her. She did not like the grandparents and convinced her new husband to cut his parents out of the child’s life. Grandparents filed for visitation. The Grandparents and the father could not agree to settle the case, and there was a hearing in front of a the Judge, and she awarded visitation to the parental grandparents because she found that there would be emotional harm to the child if she were cut out of the grandparents’ lives.
Goldberg Law Group attorneys gained grandparent visitation for the maternal grandparents of two young children. The parents were married and living in New Mexico when they were in a car crash. The mother died, and the father and the two children survived. The father spent the next year in a hospital rehabilitating, during which time the maternal grandparents were the exclusive caretakers for the children. Once father was able to care for the children, he regained guardianship of them, and initially he let the grandparents visit with the children. But upon starting a new dating relationship, father began denying the grandparents visitation. Grandparents filed for visitation in Macon County, Illinois. After a trial, the judge awarded the grandparents overnight visitation with the children. The father filled and appeal in the 4th District Appellate Court of Illinois, and the Appellate Court affirmed the visitation award. Robinson v. Reif.