Share Your Experience

five star review
X
Blog
Lombard Office
630-426-0196
Subscribe to this list via RSS Blog posts tagged in stepparent rights

DuPage County stepparent adoption attorneyBecoming a step-parent can be an overwhelming life change, whether you have biological children of your own or not. Approximately 40 percent of American families are blended families, making stepparenting a common occurrence. It can be a challenge to balance the desire to befriend your spouse’s child and earn their affection with the need to parent them when the time comes. Many stepparents form strong bonds with their stepchildren, and they should be sure to understand their rights and legal obligations both during their marriage and if divorce ever enters the picture. 

Throughout the Marriage

  • Discipline: Many stepparents leave discipline to their spouse, especially when they first join the family, but as time goes on, more and more responsibility can get placed in their hands. It is important to have a conversation with your spouse about parenting expectations. Though it may not feel like it, you must remember that discipline is intended to benefit the child, and as a parent, the child’s safety should be your first priority.
  • Education: Under the Family Educational Rights and Privacy Act (FERPA), stepparents are allowed to receive and review their stepchildren’s school records. FERPA defines a parent as "an individual acting as a parent in the absence of a parent or guardian,” thus giving stepparents educational rights in regards to their stepchild.
  • Traveling: There is no law stating that stepchildren and stepparents cannot travel alone together; however, it is important to have both biological parents’ permission, unless the stepparent has adopted the stepchild and become their legal parent. There are also consent forms that can be signed to ensure no legal action is taken against the stepparent.

After Divorce

  • Custody/Visitation: Stepparents and stepchildren often share relationships similar to biological parents and their children, especially when this relationship existed for most of the child’s life. If the biological parent decides that the stepparent cannot have visitation rights after divorce, there is often not much that a court can do, unless the stepparent has formally adopted the stepchild. Once the divorce is finalized, a stepparent will lack the biological and legal ties to the child that guarantee parental rights. A stepparent does typically have the right to request visitation, but the court may not grant visitation rights.
  • Solidifying Legal Rights: The only way to ensure legal rights of the child is through adoption. Many stepparents decide to adopt their stepchild, especially if the child’s other biological parent is no longer in the picture. It is easier to adopt the child before divorce, because the biological parents’ permission is required for an adoption.

Contact a Lombard Adoption and Divorce Attorney

Blending families and learning to be a good stepparent can be challenging tasks. Stepchildren often feel like one’s own children, and the possibility of losing the connection with them after divorce can be unthinkable. Our DuPage County family law attorneys can help you address your legal concerns regarding adoption, divorce, or other issues regarding your stepchildren. Contact us at 630-426-0196.

Sources: 

...

Posted on in Divorce

The Illinois Marriage and Dissolution of Marriage Act is the legal basis for child custody proceedings in Illinois. The Act has statutes on child custody matters in case of dissolution or invalidation of marriage, as well as for governing a case of a parent petitioning for custody in the county where they are permanent residents. The IMDMA also talks about matters that might not be as common in courtrooms, and we will look at one of these matters.

The right of a stepparent to file a petition for custody under certain conditions is part of the IMDMA. Since this is not the most common arrangement, there are conditions for these proceedings. The conditions list all of the following:

- the child is at least 12 years old

...
Illinois State Bar Association DuPage County Bar Association Northwest Suburban Bar Association American Inns of Court DuPage Association of Woman Lawyers National Association of Woman Business Owners Illinois Association Criminal Defense Lawyers DuPage County Criminal Defense Lawyers Association
Back to Top