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