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Do Grandparents Have Rights to Visitation with Their Grandchildren in Illinois?For some families, the relationship and connection between family members means everything, especially the relationship between grandparents and their grandchildren. In some situations, the dynamics of a family can deteriorate to the point where the child is no longer allowed to maintain that relationship with his or her grandparent. In Illinois, parents are considered to have inherent rights to spending time with their children. Grandparents are not afforded the same rights, but Illinois laws do give grandparents the ability to ask the court for visitation time in certain situations. 

Can I Ask for Visitation with My Grandchild?

Illinois law presumes that parents will make decisions based on what is in their child’s best interests. If a parent is denying a grandparent visitation time, Illinois courts will assume that there is a reason for it. It is up to you as the grandparent to prove that the denial is actually harming the child in some way. You may be able to obtain visitation rights if one of these criteria apply:

  • The child’s other parent is dead or has been missing for 90 days or more.
  • One parent has been deemed incompetent or unfit.
  • One parent has been in jail or prison for 90 days or more.
  • The child’s parents are divorced, and one parent has no objections to your visitation.
  • The child’s parents were never married, they are not living together, and one of the parents is your child.

Factors Used in Making Determinations

Once you file your petition for visitation, the courts will examine your situation to determine whether your petition should be granted. Though the court will start with the presumption that the parent’s actions and decisions regarding your visitation time are not harmful to the child’s overall well-being, the judge must examine a variety of factors. These factors include:

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Kane County COVID-19 Family Law Attorney

Q: What will happen to the court dates I have scheduled?

A: Kane, DuPage, Kendall and DeKalb Counties have all suspended non-emergency court dates through April 17, 2020. In Kane County, the judges are offering teleconferencing for previously scheduled pre-trial conferences and our office is working with our opposing counsels to move forward with those scheduled matters. The Circuit Clerk's Offices will be sending new dates for previously scheduled Case Management Conferences and status hearings. If your case was set for an extended hearing or trial, it is likely that those new dates will be scheduled after the courthouses resume regular operations. Should any circumstances change, we will be in touch with all of our clients to update you.

 

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prenuptial agreements in illinois, kendall county family lawyerThere has long been a stigma surrounding prenuptial agreements. Chances are, you have at some point interacted with someone who decided to pursue a prenup as a part of their marriage plan, or who at least considered one prior to their decision to tie the knot. Whatever your perception of the concept, the reality is that prenuptial agreements - as controversial as they may be - can be useful, efficient tools for couples. This is particularly true for those who have a lot at stake individually, in terms of assets and cherished belongings.

The Purpose Behind the Agreement

Prenuptial agreements are about much more than simply determining who gets what should the marriage ever come to an end. They are about ensuring each party is financially sound and able to care for themselves in the event the marriage ends, once income and money management circumstances have changed. They also serve to establish a foundation of honest, open communication between a couple early on in the union.

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Kane County family law attorneyWhen a disabled worker becomes eligible to receive Social Security Disability Insurance (SSDI) coverage, he or she also becomes eligible to receive benefits to cover the cost of caring for his or her dependents. These dependents can include his or her spouse as well as his or her children, both minor and adult. The qualifications to receive SSDI coverage for an adult child are different from those to receive SSDI coverage for a minor child. If you are an SSDI recipient or a current or former spouse of an SSDI recipient with a dependent adult child, you may be able to receive benefits to cover his or her needs. If you are a divorced parent of such an adult child, work with an experienced family lawyer to ensure that your child receives the coverage he or she needs.

What Qualifies an Adult Child for SSDI Coverage Through a Parent?

If your child is 18 or 19 years old, not married, and a full-time student, he or she can receive SSDI benefits under the same qualifications that a minor child can receive them.

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Kane County family law attorneyThe Social Security Administration provides disability benefits for individuals who qualify to receive them. This coverage is known as Social Security Disability Insurance (SSDI). Parents who receive SSDI can also receive coverage for their children to help cover the costs of raising a child while being too disabled to earn a sufficient income. Like all other forms of income, one's SSDI benefits can be affected by his or her divorce. This can, in turn, affect your child's SSDI coverage. If you are an SSDI recipient with a minor child who receives SSDI coverage and you are considering filing for divorce, discuss this with your divorce lawyer.

How Divorce Affects SSDI Benefits for Minor Children

Any biological child, adopted child, or stepchild under the age of 18 or up to age 19 if he or she is a full-time student can receive coverage of up to 50 percent of his or her parent's SSDI benefits amount as long as the child is not married. This type of coverage is known as auxiliary benefits. In certain cases, the grandchild of an SSDI recipient can also receive auxiliary SSDI benefits.

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