Can I get visitation rights with my grandchildren after their mother's divorce?

Full question:

My daughter-in-law has filed for a divorce. She has also filed for the custody of both my grandchildren. I am very much attached to my grandchildren. My son was drunk and quite abusive and I don’t blame her for filing for divorce. In the event that she is given full custody of the kids, is it possible for me get visitation time with my grandchildren?

• Category: Divorce
• Subcategory: Grandparents Visitation
• Date: 04/07/2025
• State: Illinois

Answer:

In Illinois, grandparents can seek visitation rights under certain circumstances outlined in 750 ILCS 5/602.9. If the child's parent denies visitation, causing emotional harm to the child, a grandparent may petition the court for visitation. Specific conditions must be met:

• The child's other parent is deceased or missing for at least ninety days.
• A parent is legally incompetent.
• A parent has been incarcerated for over ninety days prior to filing the petition.
• The child's parents are divorced or legally separated, or there is an ongoing divorce or custody case, and at least one parent agrees to the grandparent's visitation.
• The child was born to unmarried parents, and parentage has been established by a court.

The court will also consider factors such as:

• Whether the child lived with the grandparent for at least six consecutive months.
• Whether there was regular contact or visitation for at least twelve consecutive months.
• If the grandparent was a primary caretaker for six consecutive months within the last two years.

Additionally, the court will evaluate the child's wishes, health, the quality of the relationship with the grandparent, and other factors that may affect the child's well-being. Therefore, while it is possible for you to obtain visitation rights, the court will consider various factors before making a decision.