Legal Question in Family Law in Illinois
Step parent rights
Do i have to give my son to his step mother? His father sais she has the right and i have to give him to her if she comes to pick him up. I say she doesnt have any rights and i dont have to give him to her. If he wants him then he must meet me to pick him up. Am I correct and within my rights?
1 Answer from Attorneys
Re: Step parent rights
No you are not within your rights unless the stepmom is drunk or under the influence of drugs, naked or abusive. If she is coming to pick your son up for visitation, she is acting as your ex-husband's agent, I would imagine because he's still at work or is otherwise detained. You are no longer married to this man and you can't use your son to force him to have a relationship with you. Obviously he may actually be avoiding you. However, this is not about you - it is about your son's right to visit with his father and his father's new family whether you like them or not.
Avoid a lot of trouble and turn your son over to his stepmom when she comes to pick him up for scheduled visitations. The same goes for allowing her to p/u at school or attending his games, recitals, taking him to the doctor, whatever a parent would do. She should be your new best friend because she's going to give you a break from alot of the things that you have to do as a single parent. Be happy she is willing to do these things when your former husband isn't available.