Legal Question in Family Law in Illinois

My daughters paternal grandparents have had a social worker contact me for mediation to set up a visitation schedule with them. Due to their unwillingness to return my child to me in August I have not been comfortable with letting my child visit them, however I have tried to allow her father visitation but he has not attempted to visit his daughter. I have requested that the grandparents stop contacting me and allow their son to handle the visitation issue however they will not. My daughters father would now like to meet for mediation to come up with a parenting plan, however this form of mediation is not court ordered so my concern is that there will be nothing in place to stop them from attempting to conceal my child from me again. What can I do to protect my rights as a parent and not have to deal with the paternal grandparents continuing to overstep their bounds. I do not trust them with my child, and have a hard time letting my daughter stay with anyone. I do receive child support, the father and I were never married so I believe I have presumed legal custody. The father does not have adequate living arrangements for his child therefore if he were to take her, he would be giving her to his parents. I understand grandparents can petition for visitation however, I do not feel allowing my child to see them is in her best interest until something is documented making sure that they can not keep her against my consent. Should I request court ordered mediation? If I do attend mediation that is not court ordered is there a way to make the documentation legal?


Asked on 11/29/11, 4:45 pm

1 Answer from Attorneys
John Steele Steele Law Firm

Your concern that since it is not court ordered mediation it will not be binding, is accurate. You cannot request court ordered mediation if you do not have an underlying petition pending, such as a Petition for Custody or a Petition to Establish Paternity or a Petition for Grandparent Visitation or something like that. If you are comfortable saying this, you can tell the grandparents that if they want to have visitation with their grand child then they will need to petition the court. Put it on them. If visitation is truly important to them, they'll petition the court and meditation will probably be ordered shortly thereafter. Good luck!

Please note, I am not your attorney and this is not legal advice.

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Answered on 12/05/11, 8:10 am


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