Lois Kulinsky & Associates, Ltd.
Contact Us Today For a Free Consultation
847-459-4448
View Our Practice Areas

The debate over grandparents’ rights

Whether it is due to a divorce or an estrangement within the family, sometimes grandparents are not given the right to see their grandchildren. States and even the federal government have spoken out on this issue, including Illinois. However, there is a debate between those who feel grandparents should have rights to visitation with grandchildren and those who feel it should be left up to the parents to grant such rights.

The state of Illinois has set some specific rules regarding grandparents’ rights, according to the American Grandparents Association. The law does not, however, allow for rights for the father’s parents if paternity has not been established or if parental rights have been surrendered. In cases of adoption, grandparents have no legal claim to the child or children. The law does allow for visitation to be granted if a parent has passed away, parents are not living together or one of the parents has joined the petition for the grandparents’ rights.

The arguments against granting such rights are fairly straightforward and often focus on parental rights coming first and foremost. As pointed out by the Huffington Post, those opposed state that parents have the natural right to decide what is best for their children, so it is them alone who should be able to grant visitation to family members. In most cases, both sides can agree in the case of the death of a parent there might be a reason for the state to step in and grant rights to grandparents, but this one of the only limited areas where everyone can come to an agreement on this hot button topic.  

No Comments

Leave a comment
Comment Information
  • The Chicago Bar Association
  • Lake County Bar Association | 1912
  • 10 Best | 2015 - 2019 | Attorney Client Satisfaction | American Institute of Family Law Attorneys
  • Illinois State Bar Association
  • DBR | Chamber of Commerce | Deerfield | Bannockburn | Riverwoods

Tell Us About Your Experience

Review Us
Email Our Attorneys

Contact The Firm

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Wheeling Office
395 East Dundee Road, Suite 200
Wheeling, IL 60090

Phone: 847-459-4448
Fax: 847-459-8548
Map & Directions

Libertyville Office
611 S. Milwaukee Avenue, Suite 4
Libertyville, IL 60048

Phone: 847-281-0200
Map & Directions

Buffalo Grove Office
355 W Dundee Rd
Suite 100
Buffalo Grove, IL 60089

Phone: 847-459-4448
Map & Directions