Can I Get Visitation With a Child Who Is Not Mine in Illinois?

 Posted on September 20, 2024 in Family Law

When parents are married, the court does not generally intervene in their division of household and child-raising responsibilities. When two legally recognized parents in Illinois are not married, they have a parenting plan that outlines how parental responsibilities are allocated and how much parenting time, otherwise known as visitation, each will be granted. However, not all families are the same, and in certain cases, people who are not the child’s parents can request visitation. This article will review some non-parent relatives who can be granted visitation rights under certain circumstances. If you want to pursue non-parental visitation, contact a knowledgeable Lombard, IL child custody attorney to learn more.

Illinois Grandparents Seeking Visitation

Grandparents can petition Illinois courts for visitation with their grandchild. As in all matters that impact a child, the court will only consider this request if it can be convinced that it would serve the child’s best interest. Grandparents can seek visitation only under certain conditions. For example, if the child’s parents were never married, do not live together, or one has been missing or dead for at least three months.

Illinois Siblings Seeking Visitation

An adult sibling can petition the court for visitation with their minor sibling, too. Again, proving that this would be in the child’s best interest is one of the most important aspects of this request. If the sibling relationship existed before the petition was filed, the court might consider the request. Additionally, adult step-siblings have the same eligibility to seek visitation with their minor step-sibling.

Important Relationships in a Child’s Life Seeking Visitation

Under certain conditions, other non-parental relations - aunts and uncles for example - and close friends can file for visitation as well. Here, too, the child’s best interest needs to be served by this visitation if the court will permit it. These petitioners will also need to demonstrate that they had an ongoing, significant relationship with the child before they submitted their request.

What is a De Facto Custodian?

In some families, someone who is not a child’s parent has acted as their main caregiver and acted as a parent for them for a period of time. This person takes care of the child and provides her with support and protection. In such a case, an Illinois court might grant them visitation as a "de facto custodian." They would need to demonstrate the parental role they have filled in the child’s life.

Contact a Lombard, IL Non-Parental Visitation Lawyer

If you want court-mandated time to be with an important child in your life, speak with a Wheaton, IL family law attorney to understand your options for requesting visitation. At A. Traub & Associates, we are dedicated to helping protect a child’s rights and best interests. Call us at 630-426-0196 to see how we can assist you in accomplishing that.