Legal Question in Family Law in Illinois
Grandparents Visitation Rights
My son, his girlfriend and their son have been living with us for the past 8 months. They have recently broke up and she no longer wants my son to see his son. She has let my husband and I see our grandson on several occasions. However, there are so many games being played. She tells us we can have him anytime or we can come to her home and see him, but when we call she's not home or won't return our calls. On more than one occasion she tells us we can pick him up and have him for several hours and then she's not home or she's gotten mad at our son that day and calls and tells us no one can see him. Every day it's something new. A paternity test has just been completed and he is our grandson. We are not on good terms with our son at the moment, so he'll have to take care of his own visitation rights. Do my husband and I have any legal rights or visitation rights where we don't have to play these games with the mom (or our son for that matter) and can have him on a regular schedule?
1 Answer from Attorneys
Re: Grandparents Visitation Rights
Unfortunately, not right now. There was a statute protecting grandparents rights but that was struck down by the Supreme Court for being unconstitutional. The legislature has not, as of yet, passed a new law. Your only hope right now is to try and play her game.