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Visitation Rights For Siblings in Illinois

Posted on in Divorce

Naperville Divorce Lawyers

Divorce settlements require careful consideration of many aspects of everyday life. If a couple has children, the divorce process has even more elements to work out, such as the allocation of parental responsibilities and parenting time, formerly known for legal purposes in Illinois as child custody and visitation, respectively. 

Parental responsibility and parenting time are top priorities when negotiating a divorce decree. One related aspect is sibling and step-sibling visitation with other children in the family. If divorced parents have multiple children and custody is split between them, the siblings may wish to see one another, but a parent may try to deny visitation. Siblings can petition the court to grant them visitation when a parent denies it. 

When Can Siblings Petition For Visitation?

Illinois law has a provision for siblings, grandparents, and stepparents to petition the court for visitation if a parent prevents that opportunity. It is not necessary to be related by blood for this provision to be applicable. Step-siblings are considered siblings under this law as well.

The following conditions must be met for siblings to petition the court for visitation rights:

  • The child who the sibling is petitioning to visit must be at least 1 year old. 
  • The parents of the child are divorced or there is a pending divorce case.
  • At least one parent of the child does not object to the visitation. 

Benefits of Sibling Visitation

Children in the same family sometimes do not get along, while others are best friends. Even if a sibling relationship is not exactly harmonious, it can be beneficial for the emotional well-being of the children and their long-term development as individuals and family members. Going through a divorce can be scary for children, so seeing their brother or sister may help them cope better.

Contact a DuPage County Divorce Attorney

Visitation for siblings is often helpful for all children involved. Conflict between two parents is not a justified reason to keep siblings apart. Their relationships are important both now and in the years to come. If you are going through a divorce and need assistance with parental responsibility and visitation rights, contact Anderson & Associates, P.C. Our knowledgeable Naperville family law attorneys will help you navigate the complexities of your divorce case and work for the settlement you desire. Call us at 630-653-9400 for a free consultation.

Source:

http://www.ilga.gov/legislation/ilcs/documents/075000050K602.9.htm

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