What parental rights do step-parents have in the state of Illinois?

As far as adoption, visitation, etc..

Could you be a little more specific?

Yes, you have to be a bit more specific on what you are referring to.

Techincally they have no rights in place of the other parent... ie. A step father does not have the legal rights the bio father has.

To try to give you a little more information, some states (like California) recognize a "de-facto" parent status than can give some rights to a person that might not otherwise be there. For example, if the stepparent has been the only parent the child has ever known, looks upon the stepparent as mom or dad, has no relationship with the legal parent (usually bio-parent) then the court might find that that stepparent has a duty of support (we have case law on this). Now, no case in California has gone so far as to find a de facto parent to have custodial rights but most commentators and experts in the field think that it would be reasonable for a court to find such rights, especially if a court were to find a support obligation. So, as to custodial rights vis a vis a stepparent? Maybe.

To try to give you a little more information, some states (like California) recognize a "de-facto" parent status than can give some rights to a person that might not otherwise be there. For example, if the stepparent has been the only parent the child has ever known, looks upon the stepparent as mom or dad, has no relationship with the legal parent (usually bio-parent) then the court might find that that stepparent has a duty of support (we have case law on this). Now, no case in California has gone so far as to find a de facto parent to have custodial rights but most commentators and experts in the field think that it would be reasonable for a court to find such rights, especially if a court were to find a support obligation. So, as to custodial rights vis a vis a stepparent? Maybe.

Hi. I made a mistake, piggy backed my answer. Scott-gem linked my questions for me. We are not stepparents, but grandparents, and the children's court placed girl in our foster care after death of our daughter. Father sexually molested her from about 2 years. We have proof, but she was 2 young to testify. Opened the docket again last week. Problem, he hired advocate ad litem, who uses parental alienation syndrome as tactic 2 apply 2 high court 2 take custody away from us, and place her in his parents foster care, where most of abuse took place. Court case 20 nov,2008. I'm a nervous wreck!!

My ex's wife has been demanding to see my 9 month old son, whom she's only seen twice when he was a newborn. It is her opinion that she has a right as a stepmother to be a big part of his life - but this woman is volatile, unstable and has a history of violence and involved their children in any disputes/fights by subjecting them to foul language and vulgar details/information about things regarding myself & their father. The mediator agreed that it would not be beneficial to bring my son around her.

They currently live in another state, but upon returning I believe they will try to modify the visitation so that they will have my son w/o me present. How can I prevent my son from being in her presence w/o preventing him from seeing his father?

My ex's wife has been demanding to see my 9 month old son, whom she's only seen twice when he was a newborn. It is her opinion that she has a right as a stepmother to be a big part of his life - but this woman is volatile, unstable and has a history of violence and involved their children in any disputes/fights by subjecting them to foul language and vulgar details/information about things regarding myself & their father. The mediator agreed that it would not be beneficial to bring my son around her.

They currently live in another state, but upon returning I believe they will try to modify the visitation so that they will have my son w/o me present. How can I prevent my son from being in her presence w/o preventing him from seeing his father?



You go back to Court and attempt to prove she is unfit and a danger to the child. Otherwise the other parent has the same legal right to "expose" the child to anyone he feels is suitable, as do you.