When a parent dies or a family breaks apart, grandparents often step in, wanting to stay connected with their grandchildren. At the same time, the surviving parent may feel strongly that certain contact is not healthy or appropriate. Illinois law recognizes both sides—but it starts with a powerful presumption that a fit parent knows what is best for their child.
Quick Takeaways
Grandparents can only ask a court for visitation in limited situations under 750 ILCS 5/602.9.
Even with a qualifying situation (like a parent’s death), grandparents must show an unreasonable denial of visitation and undue mental, physical, or emotional harm to the child.
Illinois law applies a strong presumption that a fit parent’s decision is not harmful to the child.
Courts interpret “harm” narrowly—wanting specific, concrete evidence tied to the denial of visitation.
Even when some contact may be appropriate, courts may use limited or supervised visitation with strict conditions to reduce conflict.
Illinois Grandparent Visitation Law: The “Limited Situations” Rule (750 ILCS 5/602.9)
Under 750 ILCS 5/602.9, grandparents can only request visitation from the court in limited situations and under strict conditions related to grandparent visitation in Illinois.
To succeed on a grandparent visitation petition in Illinois, all of the following must be true:
A qualifying situation exists, such as:
One parent is deceased
The parents are divorced or legally separated
A parent has been missing, incarcerated, or found incompetent
There is an “unreasonable denial” of visitation by a parent, and
That denial causes “undue mental, physical, or emotional harm” to the child.
On top of that, Illinois law creates a strong rebuttable presumption that: A fit parent’s decision about grandparent visitation is not harmful to the child.
What This Means in Practice for Parents and Grandparents
Grandparents can’t get visitation just because it would be nice, helpful, or “fair.”
The burden of proof is on the grandparents, not the parent.
Courts do not assume that grandparent visitation is automatically good for the child—even after a parent’s death.
A fit parent’s decision controls unless the grandparents can prove that the denial of visitation is causing real harm to the child.
What Courts Consider “Harm” — And What They Don’t
Illinois courts interpret “harm” narrowly in grandparent visitation cases.
Things That Usually Do Not Count as Legal “Harm”
The child will not know the grandparents as well.
The grandparents love the child and want to stay involved.
The child might “benefit” from more family support.
The family is grieving the death of a parent.
Courts have repeatedly said that missing out on a relationship with grandparents—even loving, well-intentioned grandparents—is not enough by itself.
What Courts Look For as Possible “Harm”
Courts want specific, concrete evidence that the denial of visitation is seriously affecting the child, such as:
Emotional or behavioral problems are directly linked to a lack of contact
Regressions or distress that professionals tie to the loss of the grandparent relationship
Opinions from mental health providers, teachers, or other neutral professionals
Even then, the question is not “Would visitation help?” but “Is denial of visitation causing undue harm?”
Key Factors Illinois Courts Look At
When Illinois courts analyze grandparent visitation, they consider several statutory factors, including:
The wishes of the child (depending on age and maturity)
The mental and physical health of the child and the grandparents
The length and quality of the prior relationship
The good faith of:
The grandparents requesting visitation
The parent denying visitation
The amount of time requested and how it affects the child’s schedule
Whether visitation can be structured to reduce conflict between adults
Whether losing the relationship would likely cause undue harm to the child
All of this is weighed against the constitutional rights of the parent.
Real-Life Examples: How Courts Analyze Common Scenarios
Example 1: Grandparents Who Yell and Disparage the Parents
Scenario: The child’s father has passed away. The paternal grandparents file a petition for visitation. The surviving mother opposes the request because the grandparents have a history of yelling, disparaging both parents, and creating tension around the child.
How a Court May Analyze This Situation: Even though the father’s death gives standing, the court still must decide whether the denial is unreasonable and whether it is causing undue harm. The grandparents’ negative behavior can weaken their case, and a court may conclude visitation would be more harmful than helpful.
Possible Outcomes: A court might deny visitation entirely or allow only limited, supervised visitation with conditions (no yelling, no negative comments about either parent, short structured visits with a neutral third party).
Example 2: Different Beliefs, Parenting Disagreements & Substance Use Allegations
Scenario: Again, the children’s father has died. The paternal grandparents petition for visitation. The surviving mother opposes visitation due to value differences and concerns that grandparents do not respect her parenting authority. The grandparents allege marijuana/alcohol use around the children; the mother denies it.
Step 1: Standing: Because the father is deceased, that satisfies a statutory condition allowing the court to hear the petition—but standing is only the starting point.
Step 2: Parental rights and “reasonable” denial: Courts stress a parent’s constitutional right to decide who the children associate with and under what conditions. If the mother believes the grandparents challenge her authority and undermine her decisions, limiting contact may be viewed as an exercise of fundamental parental rights.
Step 3: Substance use allegations: The court will look for evidence like police reports/DCFS involvement, witnesses or documentation, and signs the children have been harmed or neglected. Allegations alone usually aren’t enough to override the presumption favoring a fit parent’s decision.
Step 4: Applying statutory factors / possible outcomes: The court will look at whether concerns are genuinely about the children’s welfare, whether grandparents have an established relationship, whether they can respect boundaries, and whether visitation can be structured to limit conflict. Outcomes may include denial or limited/supervised visitation with clear terms.
What Must Be Proven in an Illinois Grandparent Visitation Case
To obtain court-ordered visitation, grandparents generally must establish:
A qualifying circumstance that gives them the right to file (standing)
An “unreasonable denial” of visitation by the parent
Undue mental, physical, or emotional harm to the child caused by the denial (not merely the loss of a relationship)
Evidence strong enough to overcome the presumption that a fit parent’s decision is not harmful
Factors That Often Drive Outcomes (Evidence, Conflict, and “Middle Ground” Orders)
Cases vary because judges aren’t only weighing family history—they’re weighing credibility, harm evidence, and whether a plan can reduce adult conflict.
Courts may be more likely to deny or tightly limit visitation when:
The adults’ conflict is high and the child risks being pulled into it
The grandparents undermine parental authority or refuse to follow the parent’s rules
There’s little objective evidence tying denial of visitation to actual harm
When judges believe some contact might be appropriate but have concerns, they often use “middle-ground solutions” like limited time, supervised visits, and strict behavior conditions.
General Legal Guidance for Families Facing a Grandparent Visitation Dispute
Every grandparent visitation case is different. Facts, history, and family dynamics all matter.
If you’re a parent facing a grandparent visitation petition, you have important rights—and serious decisions to make that will affect your child’s future.
If you’re a grandparent, you may have options, but the law sets a high bar. Having a realistic understanding of your chances is critical before you invest time, money, and emotional energy in litigation.
When the Situation Is Disputed, Emotionally Charged, or Not Resolving Cooperatively
Grandparent visitation issues often arise after a death or major family fracture—when grief, conflict, and distrust are already present. In those cases, courts tend to focus less on what feels “fair” and more on what is provable: whether the denial is unreasonable, whether the child is actually experiencing undue harm, and whether any court-ordered plan can reduce conflict rather than inflame it.
When accusations (like substance use allegations) are part of the dispute, credibility and objective evidence matter. Courts may look for documentation, third-party corroboration, or professional input rather than relying on allegations alone.
How This Often Plays Out in McLean County and Central Illinois Courts
Because grandparent visitation is a discretionary, evidence-driven issue, families should expect the process to turn on documentation, credibility, and the ability to propose (or oppose) a plan that protects the child from adult conflict.
In practice, that often means:
The petition and response focus heavily on the child’s routine, prior relationship history, and the reason visitation is being denied.
The court’s attention frequently centers on whether the denial is causing “undue harm,” not whether visitation would be generally beneficial.
If the court sees a path to safe contact, it may use limited or supervised visitation with strict conditions designed to reduce conflict and protect parental authority.
A steady approach—organized evidence, clear boundaries, and child-focused reasoning—tends to be more persuasive than escalation. The goal is not to “win” adult conflict, but to protect the child’s well-being within the boundaries Illinois law allows.
Talk With a Central Illinois Family Law Attorney
If you want help understanding how these rules apply to your family’s situation, you can learn more about KGN’s child-related family law services here: Child Custody, Visitation and Support .
If you’d like to speak with our office, you can also reach us through our Contact Us page.
Meet Your Attorney
Kristin Nieminski is a partner at Koth Gregory & Nieminski, P.C. and focuses her practice almost exclusively on family law matters in McLean County and Central Illinois, including complex visitation and custody disputes involving grandparents.
In addition to representing parents and other family members, Kristin is a Certified Guardian ad Litem (GAL) and certified family law mediator. In those roles, she is frequently appointed by the court to investigate family dynamics, evaluate the best interests of children, and make recommendations to the judge in contested cases.
This experience gives Kristin a perspective that many attorneys do not have. As a GAL, she regularly sees how judges evaluate evidence, weigh credibility, and apply statutory factors in real-world situations—particularly in emotionally charged cases involving visitation, parental authority, and allegations of harm. As a mediator, she understands how courts expect parties to narrow disputes, identify workable boundaries, and reduce conflict that can negatively affect children.
Kristin also appears regularly before the same family law judges in McLean County, which allows her to recognize patterns in how specific judges tend to approach contested issues such as grandparent visitation, parental decision-making, and requests for court-ordered contact. While no attorney can predict outcomes with certainty, this familiarity helps Kristin provide clients with realistic guidance about how a judge may view the evidence, the arguments that tend to carry weight, and the risks involved in litigation.
Clients value Kristin’s ability to combine courtroom experience, court-appointed insight, and practical strategy—especially in cases where emotions run high and the stakes involve long-term family relationships.
FAQs: Grandparent Visitation in Illinois
Do grandparents have automatic visitation rights in Illinois?
No. In grandparent visitation cases, grandparents do not have automatic rights. They can petition the court only in specific situations (like the death or divorce of a parent), and they must prove that denial of visitation is causing undue harm to the child.
Can a parent legally deny grandparents’ visitation in Illinois?
Yes. A fit parent may deny grandparent visitation. Illinois law strongly presumes that a fit parent’s decision is not harmful. Grandparents must overcome that presumption with evidence of actual harm to the child.
Is the death of a parent enough for grandparents to win visitation?
The death of a parent provides standing in a grandparents’ rights petition, but does not guarantee visitation. They still must prove that denying visitation is unreasonable and causing undue harm.
What if grandparents think the parents’ lifestyle is unsafe?
Courts evaluate safety concerns carefully. The grandparents need credible evidence that the children are being harmed and that denying grandparent visitation (not just the parents’ lifestyle) is causing undue harm.
Can visits be supervised instead of denied completely?
Yes. In many grandparent visitation disputes, courts choose supervised visitation or limited visitation and set clear rules.
Article Dates
Published: December 10, 2025
Last updated: January 3, 2026
Legal Disclaimer
The intent of this Article is to provide general information. It should not be construed as legal advice. The Law Firm of Koth, Gregory & Nieminski, P.C. (KGN) does not represent or guarantee that the information in this Article is current. The information is provided as is without any representation or warranty as to whether the information is current, applicability, reliability, merchantability, fitness, non-infringement, result, or any other matter. The existence of the Article, receipt of its information, and/or comments/questions do NOT create an attorney-client relationship between KGN or any of its attorneys. Please do not send KGN any confidential material or information. Viewers of this Article should NOT act/refrain from acting based on information contained in this Article and KGN expressly disclaims all liability for actions/failures to act based on this Article.