In response to issues surrounding the rights of a step parent as to step children after the death of the custodial parent, the Illinois legislature adopted Public Act 90-782, effective August 14, 1998. A step-parent has been given the right to Petition the Court for custody of a step child or an award of specific visitation if all six of the following conditions are met:
1. The child is at least 12 years old;
2. The custodial parent and stepparent were married for at least five years during which the child resided with them;
3. The custodial parent is deceased or is disabled and cannot perform the duties of a parent to the child;
4. The stepparent provided for the care, control, and welfare of the child before the initiation of custody proceedings;
5. The child wishes to live with the stepparent;
6. It is alleged to be in the best interest and welfare of the child to live with the stepparent as provided in section 602 of the IMDMA (The presumption that it is in the best interest of the child to have the natural parent get custody of the minor in a custody dispute involving a stepparent will stand, unless the stepparent rebuts the presumption.)
