In September 2020, the Illinois Supreme Court ruled in Sharpe v. Westmoreland that a civil union partner is a stepparent as defined by Illinois law. Thus a civil union partner can seek visitation / parenting time with his or her stepchildren.
In the Sharpe case, Matt and Crystal were married and had a child. In their 2013 divorce, Matt and Crystal had a joint parenting agreement and shared equal parenting time, with Crystal having legal residency. After Matt divorced Crystal, he entered into a civil union with Kris until he died in 2017. After Matt died, Crystal discontinued contact between Kris and the child. Kris then filed petitions with the court seeking allocation of parental responsibilities and visitation, which Crystal opposed.
The Illinois Supreme Court held that Illinois lawmakers “intended to create an alternative to marriage that was equal in all respects.” Thus when a parent enters into a civil union with someone who is not the other parent of the child, that individual becomes the child’s stepparent. As a stepparent, the initial legal requirement for standing is satisfied to petition for visitation, allocation of parental responsibilities, or both.
The Court made no ruling or commentary about the merits of the petition for allocation of parental responsibilities or the petition for visitation. The case was sent back to the trial court to address the merits of the petitions Kris filed.
The Sharpe ruling is critical for couples with children ands stepchildren in all types of civil unions. Sharpe would appear to apply logically to same-sex couples, but not to couples who may be in a relationship but not an official civil union or marriage.