Asked in Family Law for Illinois

Q: step grandparents rights for adopted grandchildren by grandparent

Does a stepgrandparent have any rights to visitation in regards to grandchildren that have been adopted by the other grandparent, and the grandparents are now getting a divorce

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1 Lawyer Answer
Angela Lund-Logan
Angela Lund-Logan
  • Machesney Park, IL
  • Licensed in Illinois

A: If the grandparent adopted the grandchildren, technically the grandparent is now the parent and you are the stepparent. Below is the stepparent visitation statute with some wording eliminated.

The Court may grant reasonable visitation privileges to a stepparent upon petition to the court by the stepparent, if the court determines that it is in the best interests and welfare of the child. A petition for visitation privileges may be filed under this paragraph (1.5) if the following circumstances are met:

(A) the child is at least 12 years old;

(B) the child resided continuously with the parent and stepparent for at least 5 years;

(C) the parent is deceased or is disabled and is unable to care for the child;

(D) the child wishes to have reasonable visitation with the stepparent; and

(E) the stepparent was providing for the care, control, and welfare to the child prior to the initiation of the petition for visitation.

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