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Jim Kelly's Family Law, Bankruptcy, Estate Planning and Criminal Defense Blog


Grandparent Custody: New Illinois Custody Law

Per amended custody law 750 ILCS5/601

There is a new Illinois custody law allowing a grandparent custody of a minor child, affecting divorce and custody cases in Palatine, Arlington Heights and Rolling Meadows and all other areas in Illinois. This law went into effect on January 1, 2016 and has many significant amendments that were not part of the old custody law.

Grandparent Custody: Conditions That Must Be Met

A key change to the law is found in 750 ILCS 5/601.2(b)(5).  A subparagraph of section 601 allows a grandparent custody of a minor child under certain circumstances. First, a grandparent can obtain custody of the minor child, if and only if, one of the parents is deceased.  That is a condition that must be met in order to grant a grandparent custody.  Then, at least one of the remaining conditions must be met. In detail, this sub paragraph of Section 601 allows for a grandparent to obtain custody. Under this new law:

“A proceeding for allocation of parental responsibilities with respect to a child is commenced in the court: