2019 IL App (5th) 170321
Ill. App. Ct.2019Background
- Mother (Crystal) and Father (Matt) divorced in 2013; they had a joint parenting agreement for their son A.S.; A.S. primarily resided with Father.
- Father entered into a civil union with Kris Fulkerson in November 2013; A.S. lived with Father and Kris thereafter.
- Father died in January 2017; Mother later denied Kris visitation despite A.S.’s wishes to live with Kris and her children.
- Kris filed to intervene seeking visitation and allocation of parental responsibilities as a stepparent under the Illinois Marriage and Dissolution of Marriage Act (Marriage Act).
- Trial court granted Kris leave to intervene; Mother sought interlocutory appeal, arguing the Marriage Act’s stepparent definition requires legal marriage, not a civil union.
- Appellate court accepted certified questions and reviewed whether a civil-union partner qualifies as a stepparent with standing under the Marriage Act.
Issues
| Issue | Plaintiff's Argument (Kris) | Defendant's Argument (Mother) | Held |
|---|---|---|---|
| Whether a civil-union partner is a "stepparent" under the Marriage Act for nonparent standing to seek visitation/parental responsibilities | Kris: Civil Union Act grants partners same rights/benefits as spouses, so she should qualify as a stepparent | Mother: Marriage Act defines stepparent as someone married to the parent; civil-union partners are excluded | No — stepparent standing requires legal marriage, not a civil union |
| Whether Marriage Act should be construed to include civil-union partners despite omission | Kris: legislative intent of Civil Union Act equates rights of partners and spouses | Mother: Omission in Marriage Act indicates legislature did not extend stepparent status to civil unions; parental rights are paramount | Court: Strict construction required; omission means no extension to civil unions |
Key Cases Cited
- In re Parentage of Scarlett Z.-D., 2015 IL 117904 (standing requirements that restrict nonparents protect parents’ superior rights over children)
- In re Custody of M.C.C., 383 Ill. App. 3d 913 (Illinois law recognizes a natural parent’s superior right to custody and control)