Grandparent Visitation Petition - Illinois

PETITION FOR GRANDPARENT VISITATION — ILLINOIS

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue (UCCJEA)
4. Standing — 750 ILCS 5/602.9
5. Factual Allegations
6. Constitutional and Statutory Standard
7. Best-Interest Factors — 750 ILCS 5/602.9(b)(5)
8. Requested Visitation Schedule
9. Prayer for Relief
10. Verification
11. Signature
12. Notice and Certificate of Service
13. Sources and References

1. CAPTION

IN THE CIRCUIT COURT OF THE [____] JUDICIAL CIRCUIT

[____________] COUNTY, ILLINOIS

Case No. [________________________________]

PETITION FOR GRANDPARENT VISITATION

Petitioner, [PETITIONER NAME], by and through [counsel / pro se], petitions this Court under 750 ILCS 5/602.9 for an order of visitation with the above-named minor child, and in support alleges as follows:

2. PARTIES

2.1. Petitioner [PETITIONER NAME] ("Petitioner") is an adult resident of [COUNTY], Illinois, and is the:

☐ Maternal grandparent ☐ Paternal grandparent ☐ Maternal great-grandparent ☐ Paternal great-grandparent

of the minor child named below, and is an "appropriate person" to bring this action under 750 ILCS 5/602.9(c).

2.2. Co-Petitioner [CO-PETITIONER NAME] (if any) is the spouse of Petitioner and the other grandparent/great-grandparent of the child.

2.3. Respondent [PARENT 1 NAME] is the ☐ mother ☐ father of the child and resides at [ADDRESS].

2.4. Respondent [PARENT 2 NAME] (if any) is the ☐ mother ☐ father of the child and resides at [ADDRESS].

2.5. The minor child who is the subject of this Petition is:

2.6. The child is at least one (1) year of age. [CONFIRM — a petition may not be filed until the child is one year old.]

3. JURISDICTION AND VENUE (UCCJEA)

3.1. Commencement. ☐ No proceeding involving the allocation of parental responsibilities or visitation is pending; this Petition is filed in the county in which the child resides, as required by 750 ILCS 5/602.9(b)(1). ☐ This Petition is filed within the following pending proceeding: Case No. [____].

3.2. Home-state jurisdiction (UCCJEA). Illinois is the child's "home state" under the Uniform Child-Custody Jurisdiction and Enforcement Act, 750 ILCS 36/101 et seq., because the child has lived in Illinois with a parent or person acting as a parent for at least six (6) consecutive months immediately before the commencement of this proceeding (or since birth, if under six months). ☐ Yes ☐ Other UCCJEA basis: [SPECIFY].

3.3. A UCCJEA affidavit (750 ILCS 36/209) is filed concurrently or attached as Exhibit [____].

3.4. Statutory exclusions — none apply. Petitioner alleges this action is not barred by 750 ILCS 5/602.9(b)(2): the child is not the subject of a pending juvenile-court petition under Section 2-13 of the Juvenile Court Act; not the subject of a pending adoption by an unrelated person; not voluntarily surrendered (except to DCFS or a foster-care facility); not previously adopted by unrelated persons; and not relinquished under the Abandoned Newborn Infant Protection Act. [CONFIRM each.]

4. STANDING — 750 ILCS 5/602.9

STANDING IS NARROW AND THRESHOLD. Under 750 ILCS 5/602.9, a grandparent may file
only if (a) a parent has unreasonably denied visitation, (b) the denial has caused the
child undue mental, physical, or emotional harm, AND (c) at least one of the statutory
family conditions in ¶ 4.3 exists. All three requirements must be pleaded and proven.

4.1. Unreasonable denial. A parent of the child has unreasonably denied Petitioner visitation with the child. The denial is unreasonable because: [DESCRIBE].

4.2. Undue harm. The denial of visitation has caused the child undue mental, physical, or emotional harm, as described in Section 5 and ¶ 6.4. (750 ILCS 5/602.9(b)(3).)

4.3. At least one statutory condition exists (check all that apply):

☐ The child's other parent is deceased or has been missing for at least 90 days (reported to law enforcement)

☐ A parent of the child has been declared legally incompetent

☐ A parent has been incarcerated in jail or prison during the three-month period immediately preceding the filing of this Petition

☐ The child's parents are divorced or legally separated (or a dissolution/legal-separation proceeding is pending) involving custody or visitation, and at least one parent does not object to grandparent visitation

☐ The child was born to parents not married to each other, the parents are not living together, and parentage has been established

4.4. Petitioner has had a substantial, established relationship with the child, as detailed in Section 5.

5. FACTUAL ALLEGATIONS

5.1. History of the relationship. Petitioner has had an established and meaningful relationship with the child since [DATE / BIRTH], including: [DESCRIBE — frequency, caregiving, overnights, holidays, financial support, activities].

5.2. The denial of visitation. On or about [__/__/____], the Respondent parent [reduced / denied entirely] Petitioner's contact with the child. The circumstances and the reasons given were: [DESCRIBE].

5.3. Why the denial is unreasonable. [DESCRIBE — e.g., no safety basis, retaliation, absence of any reasoned concern, prior course of voluntary contact].

5.4. Undue harm to the child. Since contact was cut off, the child has experienced the following undue mental, physical, or emotional harm: [DESCRIBE — e.g., grief, regression, anxiety, loss of an attachment figure; attach professional opinion if available].

5.5. Good-faith efforts. Petitioner has attempted in good faith to resolve the matter informally and/or through mediation by: [DESCRIBE].

5.6. Child's preference. The child is [AGE] years old. ☐ The child is mature enough to express a reasoned and independent preference and has expressed: [DESCRIBE]. ☐ The child is too young.

6. CONSTITUTIONAL AND STATUTORY STANDARD

6.1. Fundamental parental rights — special weight. Petitioner acknowledges that a fit parent has a fundamental constitutional right to make decisions concerning the care, custody, and control of the child, and that the court must give "special weight" to a fit parent's decision regarding visitation. Troxel v. Granville, 530 U.S. 57 (2000); Wickham v. Byrne, 199 Ill. 2d 309, 769 N.E.2d 1 (2002).

6.2. Rebuttable presumption. Under 750 ILCS 5/602.9(b)(4), there is a rebuttable presumption that a fit parent's actions and decisions regarding grandparent, great-grandparent, sibling, or step-parent visitation are not harmful to the child's mental, physical, or emotional health.

6.3. Petitioner's burden. The burden is on Petitioner to prove by a preponderance of the evidence that the parent's actions and decisions regarding visitation will cause undue harm to the child's mental, physical, or emotional health, and that the denial is unreasonable. (750 ILCS 5/602.9(b)(3)–(4).)

6.4. Allegation of undue harm and unreasonable denial. Petitioner alleges, and is prepared to prove, that the Respondent parent's unreasonable denial of visitation will cause the child undue mental, physical, or emotional harm, for the reasons stated in ¶¶ 5.3–5.4. Petitioner does not contend merely that visitation would benefit the child.

7. BEST-INTEREST FACTORS — 750 ILCS 5/602.9(b)(5)

In determining whether to grant visitation, the court shall consider the following statutory factors, which Petitioner addresses as follows:

8. REQUESTED VISITATION SCHEDULE

8.1. In-person visitation: ☐ Weekly [DAYS/TIMES] ☐ Monthly [SPECIFY] ☐ Other [SPECIFY].

8.2. Holidays and special occasions:

8.3. Electronic communication. In appropriate circumstances and under conditions set by the Court, Petitioner requests electronic communication (telephone, video, e-mail, messaging) as defined in 750 ILCS 5/602.9(a)(1): ☐ Telephone [FREQUENCY] ☐ Video [FREQUENCY] ☐ Other.

8.4. Transportation and exchange: Petitioner proposes [EXCHANGE LOCATION / WHO TRANSPORTS].

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner respectfully requests that this Court:

A. Find that Petitioner has standing under 750 ILCS 5/602.9, including that a parent has unreasonably denied visitation, that the denial has caused the child undue harm, and that at least one statutory condition exists;

B. Find that Petitioner has rebutted the presumption of 750 ILCS 5/602.9(b)(4) by a preponderance of the evidence;

C. Enter an order granting Petitioner visitation substantially as set forth in Section 8, structured to minimize the child's exposure to conflict between the adults;

D. Provide for electronic communication under 750 ILCS 5/602.9(a)(1) and (a)(4);

E. Award costs as permitted by law; and

F. Grant such other relief as the Court deems just and proper.

10. VERIFICATION

Under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure (735 ILCS 5/1-109), I, [PETITIONER NAME], certify that the statements set forth in this Petition are true and correct, except as to matters stated on information and belief, and as to such matters I certify that I verily believe the same to be true.

Dated: [__/__/____]

Signature: ___________________________________

Printed name: [PETITIONER NAME]

11. SIGNATURE

Respectfully submitted this [____] day of [MONTH], [YEAR].

___________________________________
[ATTORNEY NAME OR PRO SE PETITIONER]
ARDC No. [____] (if attorney)
[FIRM NAME]
[ADDRESS]
[PHONE] | [EMAIL]
Attorney for Petitioner / Petitioner Pro Se

12. NOTICE AND CERTIFICATE OF SERVICE

TO RESPONDENT(S): You have been served with a Petition for Grandparent Visitation. Notice is given as provided in 750 ILCS 5/601.2(c). You have the right to file a written appearance and response within the time allowed by law and the applicable local rules, to appear at any hearing, to be represented by an attorney, and to present evidence. Failure to respond may result in the Court granting the relief requested.

CERTIFICATE OF SERVICE. I certify that on [__/__/____] a true and correct copy of this Petition and summons was served on the following by the method indicated:

Signature: ___________________________________

13. SOURCES AND REFERENCES

• 750 ILCS 5/602.9 — Visitation by certain non-parents (grandparents, great-grandparents, siblings, step-parents): https://ilga.gov/documents/legislation/ilcs/documents/075000050K602.9.htm
• 750 ILCS 5/601.2 — Jurisdiction; commencement of proceeding (notice provisions)
• Wickham v. Byrne, 199 Ill. 2d 309, 769 N.E.2d 1 (2002) (prior Illinois grandparent-visitation statute held unconstitutional under Troxel)
• Troxel v. Granville, 530 U.S. 57 (2000) (fundamental parental rights; "special weight")
• Uniform Child-Custody Jurisdiction and Enforcement Act, 750 ILCS 36/101 et seq. (UCCJEA affidavit at 750 ILCS 36/209)