When a couple gets married, they of course believe that it will last forever. When one spouse has children from a previous relationship, often the new stepparent takes on some sort of parenting role. If the children's other biological parent is no longer in the picture, the married couple may decide to have the stepparent legally adopt the children. When the stepparent adoption decision is made, the adopting parent is required to file an adoption petition.

However, if the marriage ends before the stepparent files the adoption petition, it can be difficult for the now former stepparent to obtain visitation rights to the children he or she has come to love. In a case that may interest California readers, a former prosecutor is challenging the rules that say that he has no parenting rights due to his divorce from his stepchild's mother.

The stepfather is asking an Illinois court to allow him visitation with the 3-year-old child of his former wife despite the fact that he did not file adoption petition papers prior to the divorce. Asserting that he did not anticipate the end of his marriage and that he had no reason to believe that his former wife would stop allowing him to see the child, the stepfather attempted to explain to the court why he did not take adoption steps during his marriage.

Many states do not allow parenting rights for third parties without a court order and a significant reason for the need for visitation. Without the pre-divorce filing of the adoption petition, the stepfather is a third party in this case. This man has argued to the court that he has a significant reason to have visitation, including the fact that he has parenting rights of another child that he and his former wife adopted together.

Here, the court sided with the mother, a decision that is now being reviewed by the appellate court in Illinois. The justices will decide if the court ruling will be overturned and if the stepfather will be allowed visitation. For California stepparents considering adoption of their spouse's children, the case may serve as a reminder to act sooner rather than later.

Source: Chicago Tribune, "3-year-old adoptee at center of unusual custody fight," Steve Schmadeke, Jan. 29, 2012