A Stepparent Can Also Petition For Custody

 Posted on September 30, 2012 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

- the custodial parent and stepparent were married for a minimum of 5 years, and the child lived with the parent and the stepparent

- the custodial parent is dead, or they are disabled beyond being capable of performing the duties of a parent to the child

- the stepparent provided for the care, control, and welfare to the child prior to the initiation of custody proceedings

- the child wishes to live with the stepparent

- it is allegedly in the best interests and welfare of the child to live with the stepparent

Naturally, this is just a brief summary of the IMDMA, and if you are facing a custody proceeding, you should immediately get a skilled family law attorney to assist you. It is in the best interests of you and your child to make sure you have qualified legal help working your case. When you have a family law issue on your hands, do not hesitate; contact our offices in Lombard, Illinois and Arlington Heights, Illinois, and we will provide you with knowledgeable legal assistance.