This video player requires Java Script and the Adobe Flash Player. Please click here to download the newest version and please have Java Script enabled.
 |
 |
 |
 |
 |
 |
Friday, Sep. 3rd 2010
Learn More About Grandparent Visitation
General Information>
Frequently Asked Questions>
Detailed Law Review>
Providing Representation Throughout Illinois
Michael K. Goldberg has tried grandparent visitation cases in state court all over Illinois. He has appeared in over 30 counties in Illinois, and has extensive appellate court experience, including arguing before the Illinois Supreme Court and all five Illinois Appellate Court Districts.
View larger map>
The Grandparent Visitation Act of Illinois was written by attorney Michael K. Goldberg, of the Chicago law firm Goldberg Law Group.
|
|
Mr. Goldberg successfully represented the defendant in Wickham v. Byrne, the 2002 Illinois Supreme Court case that invalidated the former grandparent visitation statute. He has testified on several occasions before the Illinois Senate and Illinois House of Representatives regarding the Grandparent Visitation Act, and has written and spoken extensively on the subject of grandparents' rights.
Here are some general answers to commonly asked questions regarding grandparents visitation in Illinois. What follows is not legal advice on grandparent visitation rights in Illinois, and a person interested in pursuing court ordered visitation with a grandchild in Illinois under the new Grandparent Visitation Act should consult an attorney with any specific questions about his or her Illinois grandparent visitation case. A detailed law review article on grandparent visitation appears here.
For a free consultation with Michael K. Goldberg to discuss your grandparent visitation Illinois questions, call (312) 930-5600 or send him an email at mgoldberg@goldberglawoffice.com.
What is grandparent visitation and why do Illinois Courts allow it?
Grandparent visitation is time spent with a grandchild without the presence of a parent. It can be all day, overnight or a just a few hours. More and more, grandparents and other non-parents are being called upon to take on child-care responsibilities. This demographic change in the traditional American family has led to legislation that grants child visitation rights to non-parents, such as the Illinois Grandparent Visitation Act.
In most cases, the relationship between a child and his or her grandparents is a nurturing, loving relationship that provides a vital connection to the family's history and roots. However, sometimes a parent objects to visitation between a child and grandparent. It is when this family friction occurs that the state must decide whether to interfere and if so to what extent it may permissibly do so.
How is Illinois' new Grandparent Visitation Act different from the old one?
On January 1, 2005, after a two and a half year hiatus, a new Illinois Grandparent Visitation Act took effect, once again granting grandparents the statutory right to petition for court-imposed visitation with their grandchildren. The new Act is more restrictive than the former Illinois Grandparent Visitation Act, which was declared unconstitutional on its face by the Illinois Supreme Court in 2002 in Wickham v. Byrne.
The Wickham Court held that a court may not interfere with a parent’s fundamental right to the care, custody and control of his or her child unless the child’s health, safety or welfare will be adversely affected by a refusal of visitation. The Court ruled that the best interest standard was insufficient when determining visitation disputes between a parent and grandparent, since those disputes are less critical than visitation disputes between parents and ruled that the former Grandparent Visitation Act, which used that test, was unconstitutional.
The new Act makes it more difficult for grandparents to receive court-imposed visitation by creating a presumption in favor of a parent’s decision, enhancing the burden of proof on the grandparent, and acknowledging a parent’s fundamental right to parent his or her child. Also, the new act sets forth specific factors that the Court should use to determine whether to grant a visitation request, which are as follows:
| 1. | the preference of the child, if the child is old enough to state a preference; |
| 2. | the mental and physical health of the child; |
| 3. | the mental and physical health of the person seeking visitation; |
| 4. | the length and quality of the relationship between the child and the person seeking visitation; |
| 5. | the good faith of the parent and/or the party seeking visitation; |
| 6. | the quantity of visitation requested and the potential adverse impact on the family; |
| 7. | whether the child resided with the petitioner for at least six consecutive months; |
| 8. | whether the petitioner had frequent visitation with the child for at least 12 months; |
| 9. | any other factor that establishes that the loss of the relationship between the petitioner and the child is likely to harm the child's mental, physical, or emotional health. |
Who can petition for visitation under the new Act?
A grandparent, great-parent may petition for visitation with a child as can an adult sibling of a child.
When can a person petition for visitation?
When a parent dies, when parents get divorced, or if a parent is incarcerated.
What do I need to show a judge to get court-imposed grandparent visitation with my grandchild in Illinois?
You must first show that you are being denied visitation. Then you must establish that you have more than just a biological relationship with the child. You must be able to convince the judge that if visitation is discontinued, harm will come to the child’s mental, emotional or physical health. This is done by demonstrating to the Court the strong relationship that exists between the grandparent and child.
Goldberg Law Group has been involved in the practice of family law for over 30 years. Our attorneys are involved in all aspects of family law: litigation, appellate advocacy and drafting family law legislation. We are committed to representing our clients in matters of divorce, custody, visitation (including Illinois grandparents visitation issues), and child support post decree matters. In order to provide our clients with the best representation possible, the attorneys at Goldberg Law Group are involved in the local and state family law bar associations and they all keep abreast of relevant legislative updates in the field. We pride ourselves on our reputation for integrity and honesty. It is our goal to assist our clients and their families in an often emotional and confusing time. At Goldberg Law Group you will find a staff of knowledgeable attorneys who are sensitive to the issues involved with family law related litigation, including Illinois grandparent visitation rights cases or cases regarding grandparents visitation in Illinois.
For a free consultation with Michael K. Goldberg to discuss your Illinois grandparent visitation rights, call (312) 930-5600 or send him an email at mgoldberg@goldberglawoffice.com.
Publications by Michael K. Goldberg
Law review articles:
| 1. | “Over the River and Through the Woods-Again: The New Illinois Grandparent Visitation Act” Southern Illinois university Law Journal, Volume 29 (Spring 2005). |
| 2. | “Survey of Illinois Law: Grandparent Visitation” Southern Illinois university Law Journal, Volume 27 (Summer 2003). |
Legal Publications:
| 1. | "The New, Narrower Illinois GRANDPARENT Visitation Statute" Illinois Bar Journal, Volume 92, Number 11, (2004). |
| 2. | "Can Court-Imposed Grandparent Visitation Survive Wickham v. Byrne ?" Illinois Bar Journal , Vol. 90, No. 9, page 458 (September 2002). |
| 3. | "Article of the Month-The Tenuous Future of Grandparent Visitation in Illinois after Troxel and Lulay " Illinois Family Law Report , Volume XXIV, No. 9, 2001 IFLR 182, (September 2001). |
| 4. | "What You Need To Know About Grandparent Visitation," ISBA Family Law Section , Vol. 43, No. 5 (June 2000). |
Lectures and Legislative Testimony:
| 1. | Testified at Illinois State Senate Judiciary Hearing regarding House Bill 4357 - the Amendments to the Grandparent Visitation Act, Springfield, Illinois (March 2006). |
| 2. | Testified before the State of Illinois House of Representatives, Judiciary Committee regarding House Bill 4357 - the Amendments to the Grandparent Visitation Act, Springfield, Illinois (April 2006). |
| 3. | Panelist at Illinois State Representative Careen Gordon's Hearing on Grandparent Rights, Marseilles, Illinois (July 2004). |
| 4. | Testified at Illinois State Senate Judiciary Hearing regarding House Bill 4318 - the New Grandparent Visitation Act, Springfield, Illinois (April 2004). |
| 5. | Testified before the State of Illinois House of Representatives, Judiciary Committee regarding House Bill 4318 - the New Grandparent Visitation Act, Springfield, Illinois (February 2004). |
| 6. | "Grandparent Visitation: Vital Connection or Unreasonable Intrusion?" 15th Annual Family Law Update, Collinsville, Illinois, September 15, 2000. |
| 7. | "Grandparent's Visitation Rights" General Practitioner's Look at Termination of Parental Rights, Adoptions and Alternatives to Adoption, ISBA Regional Office, Chicago, Illinois, May 5, 2000. |
Notable Appellate Cases
| • | Beurksen v. Graff, 351 Ill. App. 3d 148, 813 N.E.2d 1018, 2004 Ill. App. LEXIS 745, 286 Ill. Dec. 325 (Ill. App. Ct. 2004). Argued to the First District Appellate Court that a Grandparent Visitation Order under the old Grandparent Visitation Act must be dismissed. |
| • | Wickham v. Byrne 199 Ill. 2d 309, 263 Ill. Dec. 799, 769 N.E.2d 1 (2002). In 2002, presented the brief and oral argument to the Illinois Supreme Court arguing that the Illinois Grandparent Visitation Act was facially unconstitutional. The court agreed in a 6-1 decision making Illinois the only state in the country without a valid Grandparent Visitation Act. |
| Attorney Bios | |
| • | James "Jim" B. Goldberg |
| • | Michael K. Goldberg |
| • | Serena Nakano |
| Lectures & Articles |
| Family Law |
| A Survey of Illinois Law: Grandparent Visitation |
| The New Grandparent Visitation Act |
| New Amendments to the Illinois Grandparent Visitation Statute |