Legal Question in Family Law in Illinois

Step-parent's visitation rights

You do have rights as a step-parent, but they are very limited. Section 601(b) of the Marriage Act sets out the prerequisites for commencing a child custody proceeding. Those prerequisites vary depending upon the status of the person seeking custody. For example, a parent can seek custody by filing a petition for dissolution of marriage ( 750 ILCS 5/601(b)(1)(i) (West 1998)) or a petition for custody ( 750 ILCS 5/601(b)(1)(ii) (West 1998)). A non-parent can only file a petition for custody if the child is not in the physical custody of one of his parents. 750 ILCS 5/601(b)(2) (West 1998). A step-parent can seek custody by filing a petition if all of the following circumstances are met:

"(A) the child is at least 12 years old;

(B) the custodial parent and stepparent were married for at least 5 years during which the child resided with the parent and stepparent;

(C) the custodial parent is deceased or is disabled and cannot perform the duties of a parent to the child;

(D) the stepparent provided for the care, control, and welfare to the child prior to the initiation of custody proceedings;

(E) the child wishes to live with the stepparent; and

(F) it is alleged to be in the best interests and welfare of the child to live with the stepparent as provided in Section 602 of this Act." 750 ILCS 5/601(b)(3) (West 1998).

A similar set of conditions is required for a stepparent to petition for visitation. See 750 ILCS 5/607(b)(1.5) (West 1998).

Because of the strong fundamental constitutional interest that parents have in their children, you may be fairly certain that, unless you can fulfill the requirements of the statute quoted above, you will not prevail in a fight against the child�s parent.