You can call the clerk to find out when the petition and summons were served on the parents. If the Sheriff cannot serve the parents, you will have to try to serve them again.
You cannot move forward with the case until the parents are served. How you will find out about the court date or hearing date and time depends on how you filed your case.
Once you have a court date, fill out a Notice of Hearing , and make 2 extra copies. Mail one copy to the parent, by regular mail. Keep one copy for your records. Make one copy. You should have received a court date and time from the circuit clerk. If you cannot find your court date and time, call the circuit clerk. You have the right to represent yourself in court.
However, you are expected to follow the court's rules and procedures. Most people who work in the courthouse cannot give you legal advice; meaning they cannot help you decide what to do, evaluate your possibility of success, or present your argument to the judge. To navigate the court system, you need basic information about your case. Most of the information should be listed on court papers:. If you are filing a case, you are called the plaintiff. If a case has been filed against you, you are called the defendant.
In some cases, the plaintiff is called the petitioner, and the defendant is called the respondent. At the hearing , you will have a chance to explain to the judge why you should get visitation with the child. Remember that there are several things you have to prove to get court-ordered visitation.
If the parent shows up, the judge will also listen to why they think you should not get visitation with the child. The judge might not make a decision that day, so you should be prepared to come back to court multiple times.
When the judge makes a decision, he or she will issue an order. If you win, this is the legal document that gives you the right to visit with the child. It will say when you get to spend time with the child and how. Keep a copy of this order for your records. If this is your first time going to court, learn more about the process of going to court in Illinois.
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September 6. August 7. July 3. June 6. May 6. August 6. July 6. April March February January December November October September August An Illinois court can grant visitation to grandparents if any of the following circumstances exist:. Similar to parental visitation laws, the biggest factor is the best interest of the grandchildren. This burden of proof can be affected by many factors, including:.
Even if a grandparent successfully receives court-ordered visitation, these rights can be terminated if the parents have to give custody to a separate party other than the Illinois Department of Children and Family Services or a foster care provider. For example, if a different family adopts a child, the maternal or paternal grandparents do not necessarily have the right to visitation, even if a visitation schedule has been established by a court of law. Any visitation orders entered prior to adoption will be terminated once the adoption is finalized.
It is possible for a grandparent to obtain custody of a grandchild. This alone is not enough to transfer custody from the parent to grandparent. In the state of Illinois, grandparents may request custody of a grandchild if:. If you have any questions regarding grandparent visitation rights in Illinois, please do not hesitate to contact us. He has experience in litigation, estate planning, bankruptcy, real estate, and comprehensive business representation.
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