Volume I - Issue No. 4- Winter 1998

Steps to Stepparent

Custody and Visitation

Recently, Illinois law was modified to allow a stepparent to petition for child custody and visitation in a dissolution of marriage or legal separation proceeding.

A stepparent may file a petition seeking child custody or visitation 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.

“So he’s making a list and checking it twice,and he knows when I’ve been naughty or nice?”

“I need a good lawyer.”

In a custody proceeding, the stepparent will be required to rebut the legal presumption that it is in the best interest of the minor child that the natural parent have the custody of the minor child.

The Court may grant reasonable visitation privileges to a stepparent if the Court determines that it is in the best interests and welfare of the child.

ATTENTION NON-CUSTODIAL PARENTS:

IF YOU HAVE BEEN LAID-OFF FROM YOUR JOB, YOU MUST PETITION THE COURT FOR A MODIFICATION OF YOUR CHILD SUPPORT OBLIGATION IN ORDER TO AVOID THE ACCRUAL OF CHILD SUPPORT.

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