Can a Court Order Supervised Visitation for Grandparents?

 Posted on August 21, 2025 in Family Law

Every divorce is unique, and allocation of parenting responsibilities and parenting time is also different, based on each family’s specific circumstances. In Illinois, grandparents do not have an automatic right to spend time with their grandchildren after a divorce. While parenting time decisions and the allocation of parental responsibilities usually involve parents, in some instances, grandparents can petition the court for the right to see their grandchildren.  

Occasionally, a court may consider ordering either regular visitation or supervised visitation for grandparents. In Illinois, 750 ILCS 5/602.9 governs "visitation by certain non-parents." Courts will consider the individual circumstances of any request for visitation by grandparents. If you are a grandparent seeking visitation or a parent who is opposed to such visitation, consulting a skilled Wheaton, Illinois family law attorney can be beneficial.

Illinois Prioritizes Parents’ Rights to Make Decisions for Their Children

In most cases, parents have the right to determine whether their children will spend time with grandparents. While grandparent involvement is usually considered beneficial, following a divorce, some grandparents may "talk down" the child’s other parent, which is never positive for the child. Certain conditions must be present for grandparents to seek visitation, including:

• When one parent dies or has been missing for at least 90 days.  
• If both parents are deceased.
• If the child was born out of wedlock, and the parents do not live together, but paternity has been legally established.  
• If one parent has been declared legally incompetent  
• If one parent has been declared unfit or is incarcerated
• When parents are separated or divorced, and at least one parent agrees to visitation.

When Could Supervised Grandparent Visitation Be Ordered?

In some cases, the court may consider grandparent visitation beneficial for the child; however, certain issues may result in supervised visitation being ordered for grandparents. The court will first determine whether visitation with the grandparents is in the child’s best interests. If the answer to that is "yes," then if there is a concern regarding the child's well-being or safety, supervised visitation may be ordered.

A parent who opposes grandparent visitation may request supervised visitation. There is a high burden of proof to demonstrate why supervised grandparent visitation is necessary. This means there must be evidence of extreme family conflict, neglect, or abuse by the grandparents.

If the child is old enough and mature enough, the court will consider his or her preference regarding grandparents’ visitation. The existing relationship between the child and grandparents will be taken into consideration, as well as whether visitation with the grandparents will disrupt the child’s schedule. Grandparents seeking visitation must show that denial of visitation will cause harm to the child’s mental, physical, or emotional health.  

How Does Supervised Visitation Work for Grandparents?

If supervised visitation is ordered, the visits between grandparents and the child will take place in the presence of a neutral third party or at a court-approved facility. A visitation supervisor will ensure that all parties are complying with court orders during these visits. The duration and frequency of the visits will be set by the court, with potential for later modification.

Parents can request additional restrictions or even ask to end the visits should a new safety issue arise. At some point, the court may allow the grandparents to have unsupervised visits with the grandchildren. To be clear, grandparent visitation (supervised or unsupervised) can only be ordered over the parents’ objections when the legal criteria under 750 ILCS 5/602.9 are met.

Contact a DuPage County, Illinois Family Law Attorney

Supervised visitation for grandparents is rare in Illinois, but can be an option when complex family situations are present. An experienced Wheaton, IL parenting time lawyer from Mirabella, Kincaid, Frederick & Mirabella, LLC can guide you through the process, advocating for a solution that protects the child’s well-being.

We have the necessary skills to help our clients reach a successful resolution to family issues. MKFM Law serves family law clients at their offices in DuPage, Kane, and DeKalb County. To schedule your initial attorney meeting, call 630-665-7300.