Custody

Generally, a judge will presume that a fit parent’s decisions about who sees the child are reasonable and not harmful to the child.¹ However, if you are one of the relatives who can request visitation under the law, you may file for visitation if you can prove:

1. the child is at least one year old;
2. the child’s parent has unreasonably denied visitation;
3. denying visitation with the child has caused the child unnecessary mental, physical, or emotional harm;² and
4. one of the following factors is true:

• The child’s other parent had died or has been missing for at least 90 days. The child’s parent may be considered missing if:
  • no one can determine the parent’s location; and
  • the parent has been reported missing to a law enforcement agency.
• One of the child’s parents is “incompetent as a matter of law.”
• One of the child’s parents has been in jail or prison for more than 90 days before you file for visitation.
• The child’s parents are divorced, and at least one parent agrees to let you have visitation with the child.
• *The child’s parents are legally separated, and at least one parent agrees to let you have visitation with the child.
• *One of the parents is part of a current divorce case or other court case involving parental responsibilities or visitation, and at least one parent agrees to let you have visitation with the child. This does not include the following cases:
  • the adoption of an unrelated child;
  • a case involving a child who has run away, refuses to return home, and requires court intervention for his/her own safety; or
  • a court case for a civil or criminal order of protection because of domestic violence.
• *If the child’s parents are not married and are not living together, then:
  • If you are the child’s grandparent or great-grandparent, the parent to whom you are related must have legally established his/her relationship to the child. For example, if you are related to the child’s father, the father must have legally established his paternity rights.
  • If you are the child’s step-parent, your spouse must have legally established his/her relationship to the child. For example, if you are married to the child’s father, the father must have legally established his paternity rights.³

Note: For the situations with asterisks (*), the visitation with the child cannot take away from the parenting time of the parent to whom you are not related.

¹ 750 ILCS 5/602.9(b)(4)
² 750 ILCS 5/602.9(b)(3)
³ 750 ILCS 5/602.9(c)(1)(A)-(E)