Chicago Grandparents' Rights Attorneys

Are You in Need of a Chicago Grandparents' Rights Attorney?

At Nottage and Ward, LLP, we recognize that the bond between grandparents and grandchildren is profoundly important. In some family situations, that relationship can be disrupted, whether through divorce, estrangement, or concerns about a child’s well-being. When this happens, grandparents in Illinois may have legal options to maintain or regain contact with their grandchildren. Our firm offers experienced, compassionate representation in these often sensitive and emotionally complex matters.

As a grandparent, you may benefit from speaking with a family law attorney if:

• You have been unreasonably denied time with your grandchildren.
• Your adult child has passed away, and the surviving parent is cutting off contact.
• You are concerned about your grandchild’s safety or well-being in their current home.
• You wish to petition for allocation of parental responsibilities or guardianship due to parental unfitness, neglect, or abandonment.

These situations are legally complex and emotionally charged. A knowledgeable attorney can help you understand your rights and navigate the legal process to seek the best possible outcome for your family.

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Why Choose Us Over Other Chicago Grandparents' Rights Attorneys

At Nottage and Ward, LLP, we don’t treat grandparents' rights as an afterthought. We understand the emotional weight and urgency behind these cases and approach them with the sensitivity and strength that define our practice.

• In-Depth Knowledge of Illinois Grandparent Allocation of Parental Responsibility Laws: We have a thorough understanding of the specific statutes and case law governing grandparents' rights in Illinois. Our attorneys stay current with legal developments and procedural nuances that can significantly impact outcomes in these cases.
• Discreet, Thoughtful Legal Advocacy: We understand the emotional and relational challenges that come with family disputes. Our representation is always discreet and sensitive to your family dynamics, while still being firm in protecting your legal rights.
• Strong Support for Non-Traditional Families: We serve a wide range of family structures—including unmarried parents, blended families, and same-sex couples. We tailor our approach to reflect and respect the realities of modern family life.
• Respected in the Legal Community: Nottage and Ward, LLP is listed in Martindale-Hubbell’s Bar Register of Preeminent Lawyers, a distinction earned through decades of professional excellence, peer recognition, and ethical practice in family law.
• Tailored Legal Strategies: No two families are alike. We invest the time to understand your situation and develop a legal strategy that addresses your specific needs, from initial filings to final resolution—whether through negotiation, mediation, or litigation.
• LGBTQ+ Inclusive Representation: Our firm proudly represents LGBTQ+ individuals and families in all aspects of family law, including grandparents and third parties seeking a legal role in a child’s life. We understand the unique legal and cultural considerations that may arise and advocate with respect and equality.

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Protect Your Grandchild’s Future Today

We understand that every family is unique, and we are here to listen to your concerns and help you take the appropriate legal steps. If you’re a grandparent in Chicago seeking parenting time, allocation of parental responsibilities (often referred to as custody), or guardianship, call our office at (312) 332-2915 to schedule a confidential consultation.

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How an Attorney Can Help

Grandparents' rights cases often involve sensitive family dynamics, conflicting stories, and complex procedural rules. Our attorneys offer:

• Legal Guidance: We help you understand your rights under Illinois law and assess the strength of your case.
• Petition Drafting: We prepare and file all necessary legal petitions for parenting time or allocation of parental responsibility.
• Negotiation and Mediation: We work to resolve disputes outside of court where possible, always protecting your role in your grandchild’s life.
• Court Representation: When litigation is necessary, we represent you in hearings with clarity and confidence.
• Strategic Advice: Every step of the way, we provide advice tailored to your goals and the family’s circumstances.

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When Can a Grandparent Seek Allocation of Parental Responsibilities in Illinois?

In Illinois, the law favors parental rights, but grandparents may be granted allocation of parental responsibilities in specific circumstances.

A grandparent may petition for allocation of parental responsibilities if:

• The parents are deemed unfit, unwilling, or unable to care for the child.
• Both parents are deceased.
• The child has been voluntarily left in the grandparent's care for an extended period.
• The child is being raised in an environment that poses physical, emotional, or psychological harm.

Illinois courts make allocation of parental responsibilities decisions based on the child’s best interests. A grandparent seeking allocation of parental responsibilities must provide compelling evidence that their care is necessary for the child's safety and development.

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What Parenting Time Rights Do Grandparents Have in Illinois?

Illinois law allows grandparents to petition for parenting time with their grandchildren under certain conditions. Parenting time is not automatically granted and is generally considered only when the child’s parents are divorced, deceased, or otherwise absent.

A court may award parenting time if:

• One parent is deceased or missing for at least 90 days.
• One parent is deemed incompetent by the court.
• The child’s parents are divorced or legally separated, and one parent does not object to the parenting time.
• The child is born to unmarried parents and the grandparent is the parent of the non-custodial or deceased parent.

The court will weigh whether the grandparent had a pre-existing relationship with the child and whether parenting time is in the child’s best interests.

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What If Your Grandchildren Are in an Unsafe Environment?

If you believe your grandchildren are in danger due to physical abuse, neglect, drug use, or unsafe living conditions, you may be able to seek emergency or permanent allocation of parental responsibilities. You may also report the situation to child protective services. However, taking legal allocation of parental responsibilities often requires filing a formal petition and presenting substantial evidence.

In these urgent situations, our attorneys act quickly to protect your grandchild’s well-being. We can help you pursue allocation of parental responsibilities, guardianship, or other legal protections when the child’s parents are unable or unwilling to provide a safe home.

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Don’t Wait to Assert Your Rights

Grandparents have legal options in Illinois. Speak with a family law attorney who understands the urgency and emotional weight of your situation.

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How an Attorney Can Help

Facing the legal process on your own can be overwhelming, especially when emotions are high and family relationships are strained. A seasoned attorney from Nottage and Ward, LLP can:

Evaluate whether you have legal standing to file a petition.

• Collect and present evidence showing why parenting time or allocation of parental responsibilities is in the child’s best interests.
• Help you comply with all court procedures and deadlines.
• Represent you in mediation or court appearances.
• Ensure your voice is heard while focusing on the child’s well-being.

With us by your side, you can move forward with confidence and clarity.

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Grandparents as Caregivers

According to a 2007 study conducted by the Southern Illinois University School of Law, in Illinois, there were 288,827 children living in households headed by persons other than their parents. Of these children, about 213,465 lived with grandparents. Over 25 percent of the grandparents raising children in Illinois report that they live in households without the children's parents present. As of 2000, about 40 percent of Illinois's households list grandparents as primary caregivers for children. The study states that in meeting these children's essential needs, the grandparents often form substantial relationships with the children.

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Why You Should See a Lawyer Right Away

If you’re being denied time with your grandchildren or are concerned about their safety, it’s important to act quickly. Family law cases involving children are highly fact-specific and can shift rapidly. Early legal counsel allows you to:

• Preserve important evidence
• File petitions before circumstances change
• Gain clarity on your rights and options
• Avoid procedural missteps

Delays can hurt your case—especially if parental decisions begin to shape the child’s routines or relationships over time. Whether you’re considering parenting time or emergency allocation of parental responsibilities, seeking guidance right away puts you in the strongest possible position to advocate for your grandchild.

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What Clients Are Saying About Us

Very caring -Mac Ace (5-Star Avvo Review)

Excellent, Professional and Very Caring. Handled everything efficiently, and with great professionalism.

A true family advocate -Jennifer (5-Star Avvo Review)

A true family advocate, Mr. Knipmeyer is a matter-of-fact attorney. He gets to the heart of the matter and gets results. I was also impressed with the office as a whole. I always knew what was going on with my case and my concerns were always addressed quickly. I know he had other clients, but it never felt that way. When it comes to my family, I would not settle for anything but the best representation, and that is why I selected Mr. Knipmeyer.

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Speak With a Trusted Chicago Grandparents' Rights Lawyer Today

At Nottage and Ward, LLP, our experienced Chicago family law attorneys have what it takes to stand up for you. For more than two decades, family law has been our sole focus. We always put the needs of our clients and their children first.

If you’re concerned about losing contact or safeguarding your grandchild’s well-being, contact Nottage and Ward, LLP at (312) 332-2915 for trusted legal guidance.

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Grandparents’ Rights FAQs

Do grandparents have legal rights to see their grandchildren in Illinois?

Yes, under specific circumstances. While Illinois prioritizes parental rights, grandparents may petition for parenting time if they have been unreasonably denied access and certain legal conditions are met, such as the death, absence, or unfitness of a parent.

When can a grandparent file for parenting time in Illinois?

You may file for parenting time if one of the following applies:

• A parent is deceased or missing for 90 days or more
• A parent has been deemed legally incompetent
• The child’s parents are divorced or separated, and at least one parent agrees to the parenting time
• The child was born out of wedlock and you are the parent of the non-residential or deceased parent

What does the court consider when deciding on grandparent parenting time?

The court evaluates whether grandparent parenting time is in the child’s best interests, considering factors such as:

• The existing relationship between the grandparent and child
• The child’s wishes (depending on age and maturity)
• The mental and physical health of all parties
• The motives behind the parent’s denial of parenting time
• Any history of abuse or neglect

What if my relationship with my grandchild was suddenly cut off?

If your access to your grandchild has been unreasonably denied and one of the legal criteria is met, you may have grounds to petition for parenting time. Acting quickly is important, especially if your absence may begin to impact the child’s well-being or routine.

Can I get emergency allocation of parental responsibilities of my grandchild?

Yes, in cases involving immediate danger such as abuse, neglect, or unsafe living conditions, you may seek emergency allocation of parental responsibilities. A formal petition must be filed, and the court will require substantial evidence that removing the child from the current environment is necessary for their safety.

Can I be granted guardianship instead of full allocation of parental responsibilities?

Yes. Guardianship allows you to make decisions on behalf of your grandchild without fully terminating parental rights. This option is often used when parents are temporarily unable to care for the child due to illness, incarceration, or instability.

Do same-sex couples or non-traditional families affect my rights as a grandparent?

Illinois law recognizes and supports a range of family structures. At Nottage and Ward, LLP, we understand the legal nuances in these cases and will advocate for your rights regardless of family dynamics or marital history.

What’s the difference between allocation of parental responsibilities and parenting time for grandparents?

The allocation of parental responsibilities means having legal authority over the child’s upbringing and possibly physical care. Parenting time allows you to spend time with your grandchild without taking over parental duties. The legal standards for each are different and require different types of evidence.

Do I need an attorney to pursue grandparents’ rights?

Yes. These cases are fact-sensitive and legally complex, often involving strong opposition from one or both parents. A skilled Chicago family law lawyers can help you build a persuasive case, file the necessary legal documents, and represent you in negotiations or court.

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Meet Our Attorneys

Leslie Fineberg

Leslie Fineberg is a founding partner of Nottage and Ward, LLP, and one of Chicago’s most respected family law attorneys. Leslie has dedicated her career to providing smart, compassionate, and strategic counsel to individuals navigating some of life’s most challenging transitions.

With over 35 years of experience, Leslie concentrates exclusively on family law, including dissolution of marriage, the allocation of parental responsibilities, parenting time, and the division of high-value assets. She frequently represents professionals, business owners, and individuals involved in emotionally and financially complex divorce cases. Her work also includes advocating for grandparents and non-traditional family members seeking allocation of parental responsibilities or parenting time.

Jeffrey Knipmeyer

Jeffrey Knipmeyer is the managing partner at Nottage and Ward, LLP, where he brings more than 25 years of focused family law experience to clients across the Chicago area. Jeffrey is a seasoned litigator and strategic advisor, known for guiding clients through complex and high-stakes family law matters with clarity, discretion, and resolve.

Jeffrey’s practice encompasses all areas of family law, including dissolution of marriage, allocation of parental responsibilities, parenting time, maintenance, and the division of significant assets such as business interests, professional practices, and investment portfolios. He also represents grandparents and other third parties in allocation of parental responsibilities and parenting time cases, always tailoring his approach to meet the needs of modern families.

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Additional Information

• Grandparent Adoption In Illinois
• Grandparents and Visitation – Rights or Privileges?
• Increasing Number of U.S. Children Raised by Grandparents
• Grandparents and Older Caregivers Raising Children