How does a grandparent petition for custody of their grandchild after the divorce of their parents?

Illinois has set out certain statutes that allow for grandparents to obtain custody of their grandchildren in certain circumstances.

First, in order for a grandparent to obtain custody of their grandchild the grandparent must have legal standing is the ability of the grandparents to bring a petition in court grounded upon their stake in the outcome.  The grandparent has standing if neither parent has physical custody of the child, if abuse is present, or if the parent, who is the primary caretaker, dies.

Second, if the grandparent has standing, the grandparent must file a petition for child custody in the county where the child resides.  The court will then make a decision as to what is in the best interests of the child.

If you are a grandparent seeking custody of your grandchild, you may feel overwhelmed with how confusing the issues may be.  Call us today and let us help you with this very trying matter.  618-254-0055

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