Yes, under Illinois law, grandparents may seek custody of a grandchild in specific circumstances. However, the process has strict legal requirements, and the court’s focus always remains on the child’s best interests. If you are a grandparent in Schaumburg considering this step, it’s helpful to understand the conditions the court will review before granting custody.
Key Requirements for Grandparent Custody
Parental Unfitness
Courts may consider awarding custody to a grandparent when one or both parents are found “unfit” under Illinois law. Unfitness can include issues such as ongoing substance misuse, neglect, abandonment, or an inability to provide a safe environment. Evidence must clearly show that the parents cannot meet the child’s basic needs.
Voluntary Relinquishment
In some cases, parents voluntarily agree to allow a grandparent to assume custody. This may happen when parents are temporarily unable to care for the child and choose a trusted relative. Even with parental consent, the court must still approve the arrangement to ensure it is appropriate and stable for the child.
The Standard of Proof
Grandparents must meet a high standard of proof when petitioning for custody. Courts require clear evidence that living with the grandparent serves the child’s physical, emotional, and developmental well-being. Documentation such as school records, medical notes, or witness statements may be helpful in presenting your case.
Contact Us for Grandparent Custody in Schaumburg, IL
Do you have questions about grandparent custody or need guidance navigating the legal process?Please get in touch with our Schaumburg law office at (847) 845-9477 or email rmkap@robertkaplanlaw.com for assistance.
We are located at 1901 N. Roselle Road, Ste 800, Schaumburg, IL.