Legal Question in Family Law in Illinois
I live in Illinois. My husband has been out of town since Dec 2011 due to work. He will be home this Nov for good. We are happily married. My mother has borderline personality disorder and due to her illness we do not allow her to be around the kids. She tries to cause trouble between my husband, children and I. My mother has threatened to take us to court for grandparent visitation rights. She says we have been brainwashing our kids to hate her which is not the case. Her basis for trying to attain these rights is because my husband has been gone and she says that him being gone that long constitutes my husband and I temporarily living apart. She is also using the fact I am a recovering alcoholic. My husband and I have never been in any legal trouble and are responsible parents. Two of my children have Aspergers and PDDNOS aged 16 and 11 and we have a 9 year old daughter. They are aware that their grandmother has been "sick". My question is does my husband working out of town fall under what the grandparents visitation rights constitute?
2 Answers from Attorneys
No. Simply being out of town because of job requirements is NOT one of the grounds involved in grandparent visitation rights. It requires separation under a divorce or legal separation lawsuit, which is NOT the case. The amount of time involved per se is not relevant. That may not stop her from trying to cause trouble. Best of luck; get an attorney involved if things get worse. PS document any incident involving her including getting the police involved if appropriate; you may need the "ammo" in the future.
If you and your husband do not want his mother to see the children, grandma has a very high burden to overcome to obtain an order. The fact that her son is out of town is not relevant.
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