Chicago, IL asked in Family Law for Illinois

Q: Can a stepmother sue the biological mother for child support? The father has full custody as part of the divorce.

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1 Lawyer Answer
Jason L Traub
Jason L Traub

A: No - the stepmother does not have legal standing to sue the biological mother for child support. In other words, the person attempting to bring the legal action must, in the Court's eyes, have a significant interest or attachment to the subject of the suit/cause of action/claim for child support. Under Illinois Family Law, you must either be the legal guardian, biological parent, or adoptive parent to have sufficient "standing" to bring an action for child support.

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