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Kane County family law attorneyA divorce can be difficult for a child to process. His or her world changes dramatically when the family unit as he or she knew it is no longer intact. Moving out of the marital home and into a new residence may be a challenging adjustment for any child, especially if he or she is living part time with both parents. 

According to Illinois law, parenting time (visitation) is determined based on several factors if the parents cannot come to their own arrangement. Depending on the allocation of parental responsibilities, one parent may have the majority of the time with the child once the divorce is final. However, there may be other family members who wish to see the child on a regular basis. In certain situations, other relatives such as grandparents or aunts and uncles may be awarded visitation rights. There are specific conditions that may warrant this scenario.      

Best Interest Considerations

Unlike parents, other immediate or extended family members typically do not have the presumed legal right to visitation, even if the child lived with them for a period of time or has a close personal relationship with them. However, depending on the circumstances, a grandparent, aunt, uncle, cousin, or sibling may have been denied visitation. This is common in contentious divorces, where a bitter spouse does not want the child to spend time with the other parent’s family. In these cases, those family members may file a request with the court asking to modify an existing visitation order. 

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Kane County family law attorneyChild custody is usually an issue between the two parents of the child. However, there are some cases in which a grandparent is considered for custody of the child(ren). In Illinois, custody disputes that are taken into family court are settled based on what is in the child’s best interests. If the judge finds that neither parent is suitable to take custody of a minor, he or she can allocate parental responsibilities to the grandparents.

Cases of this nature sometimes can be found in single-parent households where the sole parent is shirking—or unable to fulfill—their responsibilities for whatever reason. Some divorce cases have also ended with grandparents stepping into the parental role. It all depends on the capability of the parents.

Factors that are taken into consideration when determining child placement include:

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