Do Stepparents Have Rights to Parenting Time After Divorce?

 Posted on October 03, 2024 in Child Custody

Suppose you have been with your spouse for more than ten years at the time of your divorce. When you married your wife, her daughter was only two years old, so you have essentially been the child’s father for a decade because her biological father was a chronic "no-show" during his allotted parenting time. You love the girl you think of as your daughter, yet at the time of the divorce, your soon-to-be ex tells you that since you are not her "real" father, you are not entitled to continue to be a part of the allocation of parental responsibilities.

Although Illinois law does see a stepparent as a significant parental influence in a child’s life, whether you will be allowed to continue to see the child depends largely on the wishes of the child’s parent. Under very limited circumstances, a stepparent could have the right to file for designation as the primary residential parent. Speaking to a knowledgeable St. Charles, IL parental responsibilities lawyer from Goostree Law Group should be your first step in determining what your rights are in this situation.

Can a Stepparent File for Parenting Time Following Divorce?

A stepparent can file for parenting time after divorce only if the biological parent is in agreement. The child must also state a preference for continuing the relationship with the stepparent, and the court must see the visitation as being in the child’s best interests. Unless there is a rebuttable presumption to the contrary, biological parents have total control over whether a child will be allowed to visit with a stepparent after divorce.  

Could a Stepparent Ever Receive Primary Custody of a Child?

It would be very unusual for a stepparent to receive primary custody of a child, regardless of how long the stepparent has acted as a parent before the death of the child’s parent or a divorce between the stepparent and parent. For a stepparent to receive primary custody it would require the consent of the parent(s) – (and the court still might not grant official custody rights).

Other than a parent allowing the stepparent the right to visit a child, the only reasons a stepparent might be considered for primary custody of a child is if the parent or parents are in jail, have been missing for 90 days or more, is judged incompetent under the law, or is dead – assuming there are no grandparents or other close family members willing to care for the child. If one or more of these factors were in place, then the following remain requirements for a stepparent seeking primary residential custody of a stepchild:

• The child must be at least 12 years old.

• The stepparent must have been married to the parent for at least five years.

• The child must have resided in the home during these five years.

• Both parents must be unable or unwilling to perform their parental responsibilities.

• The stepparent must show that he or she significantly cared for the child up until the allocation of parental responsibilities hearing.

• The child must voice the desire to live with the stepparent.

• The decision regarding designation as the primary residential parent must be shown to be in the child’s best interests.

Contact a Kane County, IL Parental Responsibilities Lawyer

It can be extremely difficult to divorce and be told that you have no rights as a stepparent. It is equally difficult to assert any parental rights unless the child's parent gives you those rights. While your specific situation will determine what rights you may or may not have, speaking to a St. Charles, IL, parental responsibilities lawyer will ensure your rights are protected. At Goostree Law Group, we are skilled in handling all types of child-related matters as we effectively advocate for our clients and the child's best interests. Call 630-584-4800 to schedule your free consultation to discuss your issue.