Can Grandparents Get Visitation Rights in Illinois?

 Posted on August 09, 2026 in Child Custody

Grandparents can occasionally get visitation rights in Illinois, but only in certain situations. The law recognizes that grandparents can play an important role in a child's life. At the same time, it protects a parent's right to decide what is best for his or her child. If you have been denied the chance to see your grandchild, you may have legal options depending on your family's circumstances. 

At The Thomas Law Office, our McHenry County family law attorney helps families understand their rights under Illinois law. If you are wondering whether you can seek court-ordered visitation with your grandchild in 2026, here is what you should know.

When Can a Grandparent Ask for Visitation in Illinois?

Illinois does not automatically give grandparents the right to visit their grandchildren. Instead, the Illinois Marriage and Dissolution of Marriage Act allows a grandparent to ask a court for visitation only in certain situations.

Under 750 ILCS 5/602.9, a grandparent must show that denying visitation is harming the child and that the denial is "unreasonable." The court also requires at least one qualifying circumstance before it will consider the request.

A grandparent may be able to file a petition if:

• One parent has died.

• A parent has been missing for at least 90 days.

• A parent has been declared legally incompetent.

• A parent has been incarcerated for more than 90 days before the petition is filed.

• The child's parents are divorced, legally separated, or involved in another court case about parental responsibilities, and at least one parent supports the grandparent's request.

• The child's parents are not married or living together, and the grandparent's son or daughter has been legally established as the child’s parent.

Missing your grandchild or disagreeing with a parent's decision is not enough for the court to grant visitation.

Why Doesn't Illinois Automatically Grant Grandparent Visitation?

Many grandparents are surprised to learn that getting court-ordered visitation can be difficult. This is because the U.S. Constitution and Illinois law give fit parents the right to decide what is best for their children.

In Troxel v. Granville, the U.S. Supreme Court said courts must respect a fit parent's decision about who spends time with his or her child. Illinois courts follow that same rule when deciding grandparent visitation cases.

Because of this, Illinois courts start with the assumption that a fit parent is acting in the child's best interests. The grandparent must prove that denying visitation would cause undue mental, physical, or emotional harm to the child. This high legal standard protects parental rights while still allowing courts to step in when a child's well-being may be at risk.

What Does a Judge Consider When Deciding Grandparent Visitation?

If a grandparent meets the legal requirements to file a petition, the court will decide whether visitation is in the child's best interests. The judge looks at the whole family situation before making a decision.

For example, the court may consider how close the grandparent and child are, including whether the child lived with the grandparent in the time leading up to the petition. The judge may also consider the child's wishes if he is old enough and mature enough to share a preference. The mental and physical health of both the child and the grandparent may also play a role.

Every family is different. The judge reviews the facts of each case before deciding whether visitation should be granted.

Can Grandparents Ask for Custody Instead of Visitation?

Visitation and custody are different legal issues. A grandparent who wants to spend time with a grandchild is usually seeking visitation. Guardianship or custody involves taking legal responsibility for important decisions about the child's care.

If both of a child's parents cannot safely care for him or her because of abuse, neglect, illness, incarceration, or another serious issue, a grandparent may have options for caring for the child. In some cases, seeking guardianship may better protect the child's well-being. A family law attorney can explain which option best fits your family's situation.

Contact a McHenry County, IL Grandparent Visitation Lawyer

Since 1996, The Thomas Law Office has helped Illinois families navigate difficult family law matters. Our Kane County family law attorney understands how stressful these cases can be and will explain your options while working to protect your relationship with your grandchild.

If you have been denied the opportunity to spend time with your grandchild, you may still have legal options under Illinois law. Call 847-426-7990 today to schedule a consultation and learn how The Thomas Law Office can help.