Sibling Visitation Rights in Illinois

 Posted on March 21,2014 in Divorce

Experiencing a divorce can be difficult for all family members, but particularly children. In Illinois, the state gives the same visitation rights to siblings as is usually granted to grandparents in the event of a divorce. This is particularly helpful in cases where parents split custody of multiple children, or in cases where a second marriage with stepchildren is ending.

 According to Illinois state law, siblings of a minor child at least a year old may petition the court for visitation in cases where there has been an unreasonable denial of visitation. The state considers a sibling to be a brother, sister, stepbrother or stepsister. These petitions may be filed both during and after the divorce proceedings, and can request both visitation and reasonable electronic communication rights. As with grandparent visitation, one of the following conditions must be met in addition to the sibling being denied visitation by a parent:

• The child’s other parent must have been deceased or missing for at least three months;
• A parent of the child must have been ruled incompetent as a matter of law;
• A parent has been incarcerated for at least three months prior to the filing of the petition;
• The children’s parents have been divorced or legally separated from each other, or have a pending dissolution proceeding involving custody or visitation, and at least one of the parents doesn’t object to the sibling having visitation. The visitation cannot diminish visitation with the parent;
• The child is born out of wedlock, the parents are not living together, and the petitioner is a sibling. If a paternal sibling, the parent’s paternity must have been established by a court of competent jurisdiction.

Allowing siblings and step siblings to remain in contact with each other following a divorce is beneficial to the emotional health of both children. If you are considering filing for divorce in Illinois, having a qualified attorney at your side can help ensure that your children are allowed to stay in contact with their siblings and step siblings. Contact the experienced divorce attorneys at A. Traub & Associates about your case today.