Legal Question in Family Law in Illinois

sibling visitation

my grandson is currently in foster his mother now deceased lost her parental rights my three grandaughters have recently been adoptedmy grandson has not seen his sisters in over ayear,and so wishes to see them his caseworker said she has no control nor can order the adoptive parents to grant such a visit he is 15 and currently in rehab i truly think he and the girls would benefit from a visit please tell me if i have any recourse to help him


Asked on 1/07/08, 6:49 pm

2 Answers from Attorneys
John Steele Steele Law Firm

Re: sibling visitation

You have a very tough battle. Here is why: Although you may have heard that grandparents have certain rights of visitation, that does NOT apply when the a "fit" parent decides that the grandmother should not see the child. The best interest of the child standard is overridden by the parent's due process rights as parents. This may sound wrong or unfair, but case law is clear (Troxel v. Granville).

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Answered on 1/08/08, 9:47 pm
Joseph Michelotti Michelotti & Associates, Ltd.

Re: sibling visitation

Yes.

Start with a petition to assert you rights as a grandparent.

Please feel free to use these resources:

email: [email protected]

web: www.michelottilaw.com

blog: blog.michelottilaw.com

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Answered on 1/07/08, 11:55 pm


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