Visitation by Non-Parents During Divorce 

March 22, 2017

Visitation Rights by Non-Parents

During a divorce, custody and visiting arrangements can be complex and confusing, especially in such an emotionally charged time.  Likewise, many don’t realize that certain people who are non-parents can still have rights to visits with children as well.  Certain appropriate people who can be granted non-parental visitation include:

  • Grandparents
  • Great grandparents
  • Siblings
  • Step parents​
Means of Visitation:
Non-parental visitation during or after divorce can include electronic communication facilitated by the phone, electronic mail, instant messaging, video conferencing or other technology such as the Internet.  Likewise, visitation means in-person time as well spent between the child and the other approved party. 
In order for the appropriate person to be granted visitation rights during a pending dissolution proceeding they must bring an action by petition into the circuit court.  If there’s no pending proceeding for a divorce, the petition for visitation must be filed in the county where the child lives.   
Determining Factors:
When the court determines if the non-parent can be granted visitation rights, they take into account the following:

  • No harm to the child’s well being; emotional, mental, or physical health
  • The wishes of the child based on maturity
  • The length and quality of relationship between the child and non-parent seeking visitation
  • Good faith of the party filing the petition
  • Quantity of visitation time requested and its potential adverse affect on the child
  • Any other facts that demonstrate loss of relationship that could harm the child
  • If visitation can be set up to minimize the child’s exposure to conflicts between adults

Visitation issues during divorce proceedings can be complex and lengthy process, and the help from a skilled Illinois divorce attorney is your best route for a smooth transition.  Likewise, the knowledgeable Edwardsville divorce attorney, Deborah Besserman understands that empathy and follow through can help you transition through visitation issues with ease.  If you are seeking a divorce, or need help with visitation rights, please contact the Besserman Law Office, LLC today for a consultation. 

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