Can Grandparents Fight For Custody During a Parental Divorce? 

 Posted on January 07,2022 in Child Custody & Allocation of Parental Responsibility

No matter what the dynamic between two spouses looks like, filing divorce papers is never easy. However, the process becomes even more unfortunate and complicated when children are involved. 

Typically, a decision regarding child custody will be determined with the two parents in mind. A judge will often award sole custody to parent A, sole custody to parent B, or shared custody to both parents. Illinois law uses the terms “parenting time” and “parental responsibilities” instead of visitation and custody. However, these terms are still used informally and will be used in this blog.  

Sometimes, grandparents will seek custody of their grandchildren amid the divorce of the children’s parents. With the help of a family law attorney, grandparents can fight for custody of the children whose parents are divorcing in Illinois. 

How To Fight For Custody as a Grandparent 

While it is true that many judges prefer to keep children with their parents, this does not mean that grandparents have no chances of being awarded custody of their grandkids. If you want to gain custody of your grandchild or grandchildren, hiring a family law attorney is the best first step.  

A family law attorney can advise you on your specific rights,  file court petitions on your behalf, put references together in your favor, and craft a legal strategy with child custody as the end goal. He or she may also inform you of best practices when answering questions from judges.

Custody Rights for Grandparents in Illinois 

The laws regarding a grandparent's custody rights differ from one state to the next. In Illinois specifically, grandparents are usually granted custody of their grandkids under two conditions. The first possible scenario is one in which the child's parents have legally been declared unfit to care for the child. The other situation in which grandparents may receive custody of their grandchild is when parents have willingly given up their legal parental rights regarding their children. 

Two Ways to Gain Custody as a Grandparent in Illinois 

A family law attorney can petition the court on your behalf in the pursuit of custody over your grandkids. However, as mentioned, the child's parents may need to either give up their parental rights or be deemed unfit to parent the children in order for this to happen. 

Call a St. Charles Child Custody Lawyer Today 

Are you a grandparent who wants to gain custody of your grandchild or grandkids? If so, there is no better time than now to hire a child custody attorney in Kane County. Make sure you reach out to Weiler & Associates, Inc. today by calling 630-331-9110 to schedule an appointment with child custody lawyers in Illinois. 

Source: 

https://www2.illinois.gov/dcfs/aboutus/notices/Documents/rules_301.pdf