If My Stepchild Has Two Biological Parents, Do I Have Any Rights?

 Posted on February 12, 2025 in Family Law

People do not generally think about creating a family immediately with someone they go on a first date with, but for parents, dating can be different. As a single parent, when you begin dating someone seriously, you likely hope your child and your significant other get along. And as someone without children, dating a parent can feel like an added layer of pressure, beyond just wanting the child to like you.

Some lucky couples manage to achieve the best-case scenario where the child and the parent’s significant other develop a loving relationship. If the couple gets married, the new spouse can be called a stepparent, but if the child’s other biological parent is still in the picture, this parental role is not officially recognized by law. To understand more about the stepparent-stepchild relationship when the child has two biological parents, speak with a compassionate Illinois family law attorney.

Modifying Your Spouse’s Parenting Plan

According to Illinois law, a child can only have two legal parents at any given time. In the vast majority of cases, if your stepchild’s other biological parent is still alive and involved, you cannot be granted parental rights. However, this relationship can still impact your life in several ways.

First, your spouse likely has a court-approved parenting plan that must be observed. Agreements about visitation schedules, child support payments, and parental responsibilities must be honored. That does not mean that there is no flexibility. Your spouse could seek modifications to the agreement.

For example, if your spouse agreed to a visitation schedule during the divorce and that schedule is problematic now that you live together, it might be reasonable to request an adjustment. If this means switching one day of the week for another, it could be a fairly smooth request to process. If you want to completely change the schedule in a way that could harm the child and the other parent, it would not likely be approved.

The same is true for child support payments; you are not required or even expected to contribute to your stepchild’s financial support. However, your finances could be factored into a recalculation of what your spouse is capable of covering. You do not have the same rights as a biological parent, but you are not simply stuck entering a situation with an inflexible agreement, and changes that are considered reasonable might be approved.

Planning for the Future

Even if you are not granted legal parental status, you can still make plans with your stepchild in mind. For example, you are legally entitled to leave things for your stepchild in your own estate plan. Whether you have assets of significant material or sentimental value, you can include your stepchild in your will as a beneficiary.

Your spouse can also include stipulations about you in his or her estate plan. This might entail leaving instructions about guardianship for a hypothetical scenario in which either or both biological parents become incapacitated.

Contact an Illinois Family Law Attorney Today

We no longer hold onto the old tropes of the evil stepmother who is out to ruin the child’s life. We know that stepparents and stepchildren can form special and meaningful bonds, even if their relationship is not legally established. At A. Traub & Associates, we are dedicated to helping families reach their best outcomes and we can use our many years of experience in the field to advise you on important steps to take. Call 630-426-0196 to speak with a qualified Schaumburg, IL family lawyer today.