Step Parent rights

[microbes]

What is the name of your state (only U.S. law)? IL

What rights do step-parents have for visitation? Ex's boyfriend has a restriction and is not allowed to be present during visitatations. This was due to some substance abuse issues raised. I am the custodial parent and my ex gets weekend visitations now. If and when my ex and the boyfriend gets married, what rights if any will he have as far as visitation? Will his status as step-father supercede any restrictions the court may have ordered in the past? Also as a step-parent, will he have rights to visitations?

 

[LillianX]

As long as the injunction is in place, he can't be there, regardless of marital status.

 

[justalayman]

Will his status as step-father supercede any restrictions the court may have ordered in the past? Also as a step-parent, will he have rights to visitations?

in most all situations, a step parent has no rights due to being a step parent. They gain no rights as being married to the parent of the child and due to that, if the order is still in place, the step parent is still not allowed around the child.

as to visitation: in most situations they have no rights. There are always a few exceptions but they are, as stated, exceptions.

 

[mistoffolees]

in most all situations, a step parent has no rights due to being a step parent. They gain no rights as being married to the parent of the child and due to that, if the order is still in place, the step parent is still not allowed around the child.

as to visitation: in most situations they have no rights. There are always a few exceptions but they are, as stated, exceptions.

And they don't really apply here. For OP's benefit, the kind of situation where a stepparent might get visitation rights is: Mom and Dad divorce. Mom gets primary custody and marries Stepdad. Later, Mom and Stepdad divorce. If Stepdad and Mom were married for a large portion of the child's life and have established a strong bond, Stepdad MIGHT be able to get a visitation order, but only in a few states.

Clearly, that doesn't apply here - and all the advice you got is correct. If there's an order that he has to stay away from the child, then marriage doesn't change the order. Of course, Mom could always petition the court to drop that requirement. Whether they do so or not depends on a lot of factors.