If you are in the midst of a divorce, or considering that option, you already have a lot to figure out. Beyond the turmoil caused by leaving a relationship, you may be feeling worried about finances or family that you and your partner have shared. Going through a divorce while simultaneously parenting minor children is especially emotional for everyone. You may be wondering what child custody and visitation will look like moving forward.
As of January 1, 2019, Illinois law changed to reflect a more common situation as of the past few decades: visitation requests from non-parents. Here’s what you need to know, or talk with your attorney about, in regards to this new law.
What is SB2498?
This new law is actually an amendment to the Illinois Marriage and Dissolution of Marriage Act. It essentially defines how a grandparent can request visitation of a child after a divorce.
Under the new law, grandparents need to establish a parent-child relationship in order for visitation to be considered. For example, if Gary and Holly are divorced and Gary’s mother would like visitation with Gary’s children, it needs to be established that Gary and his mother are indeed a parent-child relationship. This relationship needs to be established legally and presented as such during divorce proceedings dealing with child visitation.
This new law essentially expands the potential for grandparent visitation after a divorce, but it can also be applied to step-parent and step-sibling relationships as well. The parent-child relationship must be legally established in order to gain potential visitation rights.
Are you navigating a divorce or separation right now? If so, you shouldn’t go at it alone. The team at Gandhi Selim Law has been actively advocating for our family law clients for years. We understand the tangled emotions that can come along with the uncertainty that divorce brings. Let us keep your wishes at the forefront and assure you receive the best outcome possible. We are here to support you and guide you through this turbulent time.