Rep. Ronald A. Wait

Filed: 3/27/2009

 

 


 

 


 
09600HB4202ham001 LRB096 05711 AJO 24721 a

1
AMENDMENT TO HOUSE BILL 4202

2     AMENDMENT NO. ______. Amend House Bill 4202 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Illinois Marriage and Dissolution of
5 Marriage Act is amended by adding Section 610.5 as follows:
 
6     (750 ILCS 5/610.5 new)
7     Sec. 610.5. Out of State military service.
8     (a) Whenever it is determined in a proceeding to establish,
9 modify, or enforce child custody or visitation with a child
10 that a parent who is a party to the proceeding is a person on
11 active military duty stationed out of State, the court must
12 treat any order establishing, modifying, or enforcing child
13 custody or visitation with a child as a temporary order.
14     (b) An order that qualifies as a temporary order under this
15 Section:
16         (1) does not prejudice the rights of the parties or the

 

 

09600HB4202ham001 - 2 - LRB096 05711 AJO 24721 a

1     child which are to be adjudicated at a subsequent hearing
2     in the proceeding;
3         (2) may be incorporated into a final judgment, but only
4     if the court makes a finding that this Section applies and
5     the judgment provides that it may be modified to the extent
6     that it establishes, modifies, or enforces child custody
7     without meeting the requirements of Section 610; and
8         (3) terminates when the court enters a subsequent order
9     or judgment following a hearing that is held:
10             (A) after the person is discharged from active
11         military duty; or
12             (B) after the person, although remaining on active
13         military duty, is no longer stationed out of State.
14     (c) "Active-duty military member" means, for purposes of
15 this Section, a person who is currently serving on active duty
16 as a member of the Armed Forces of the United States, the
17 Illinois National Guard, or any reserve component of the Armed
18 Forces of the United States.".