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Public Act 91-0610
HB1845 Enrolled LRB9103725SMdv
AN ACT to amend the Illinois Marriage and Dissolution of
Marriage Act by changing Section 607.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 607 as follows:
(750 ILCS 5/607) (from Ch. 40, par. 607)
Sec. 607. Visitation.
(a) A parent not granted custody of the child is
entitled to reasonable visitation rights unless the court
finds, after a hearing, that visitation would endanger
seriously the child's physical, mental, moral or emotional
health. If the custodian's street address is not identified,
pursuant to Section 708, the court shall require the parties
to identify reasonable alternative arrangements for
visitation by a non-custodial parent, including but not
limited to visitation of the minor child at the residence of
another person or at a local public or private facility.
(b) (1) The court may grant reasonable visitation
privileges to a grandparent, great-grandparent, or sibling of
any minor child upon petition to the court by the
grandparents or great-grandparents or on behalf of the
sibling, with notice to the parties required to be notified
under Section 601 of this Act, if the court determines that
it is in the best interests and welfare of the child, and may
issue any necessary orders to enforce such visitation
privileges. Except as provided in paragraph (2) of this
subsection (b), a petition for visitation privileges may be
filed under this paragraph (1) whether or not a petition
pursuant to this Act has been previously filed or is
currently pending if one or more of the following
circumstances exist:
(A) the parents are not currently cohabiting on a
permanent or an indefinite basis;
(B) one of the parents has been absent from the
marital abode for more than one month without the spouse
knowing his or her whereabouts;
(C) one of the parents is deceased;
(D) one of the parents joins in the petition with
the grandparents, great-grandparents, or sibling; or
(E) a sibling is in State custody.
(1.5) The Court may grant reasonable visitation
privileges to a stepparent upon petition to the court by the
stepparent, with notice to the parties required to be
notified under Section 601 of this Act, if the court
determines that it is in the best interests and welfare of
the child, and may issue any necessary orders to enforce
those visitation privileges. A petition for visitation
privileges may be filed under this paragraph (1.5) whether or
not a petition pursuant to this Act has been previously filed
or is currently pending if the following circumstances are
met:
(A) the child is at least 12 years old;
(B) the child resided continuously with the parent
and stepparent for at least 5 years;
(C) the parent is deceased or is disabled and is
unable to care for the child;
(D) the child wishes to have reasonable visitation
with the stepparent; and
(E) the stepparent was providing for the care,
control, and welfare to the child prior to the initiation
of the petition for visitation.
(2)(A) A petition for visitation privileges shall not be
filed pursuant to this subsection (b) by the parents or
grandparents of a putative father if the paternity of the
putative father has not been legally established.
(B) A petition for visitation privileges may not be
filed under this subsection (b) if the child who is the
subject of the grandparents' or great-grandparents' petition
has been voluntarily surrendered by the parent or parents,
except for a surrender to the Illinois Department of Children
and Family Services or a foster care facility, or has been
previously adopted by an individual or individuals who are
not related to the biological parents of the child or is the
subject of a pending adoption petition by an individual or
individuals who are not related to the biological parents of
the child.
(3) When one parent is deceased, the surviving parent
shall not interfere with the visitation rights of the
grandparents.
(c) The court may modify an order granting or denying
visitation rights of a parent whenever modification would
serve the best interest of the child; but the court shall
not restrict a parent's visitation rights unless it finds
that the visitation would endanger seriously the child's
physical, mental, moral or emotional health. The court may
modify an order granting, denying, or limiting visitation
rights of a grandparent, great-grandparent, or sibling of any
minor child whenever a change of circumstances has occurred
based on facts occurring subsequent to the judgment and the
court finds by clear and convincing evidence that the
modification is in the best interest of the minor child.
(d) If any court has entered an order prohibiting a
non-custodial parent of a child from any contact with a child
or restricting the non-custodial parent's contact with the
child, the following provisions shall apply:
(1) If an order has been entered granting
visitation privileges with the child to a grandparent or
great-grandparent who is related to the child through the
non-custodial parent, the visitation privileges of the
grandparent or great-grandparent may be revoked if:
(i) a court has entered an order prohibiting
the non-custodial parent from any contact with the
child, and the grandparent or great-grandparent is
found to have used his or her visitation privileges
to facilitate contact between the child and the
non-custodial parent; or
(ii) a court has entered an order restricting
the non-custodial parent's contact with the child,
and the grandparent or great-grandparent is found to
have used his or her visitation privileges to
facilitate contact between the child and the
non-custodial parent in a manner that violates the
terms of the order restricting the non-custodial
parent's contact with the child.
Nothing in this subdivision (1) limits the authority
of the court to enforce its orders in any manner
permitted by law.
(2) Any order granting visitation privileges with
the child to a grandparent or great-grandparent who is
related to the child through the non-custodial parent
shall contain the following provision:
"If the (grandparent or great-grandparent, whichever
is applicable) who has been granted visitation privileges
under this order uses the visitation privileges to
facilitate contact between the child and the child's
non-custodial parent, the visitation privileges granted
under this order shall be permanently revoked."
(e) No parent, not granted custody of the child, or
grandparent, or great-grandparent, or stepparent, or sibling
of any minor child, convicted of any offense involving an
illegal sex act perpetrated upon a victim less than 18 years
of age including but not limited to offenses for violations
of Article 12 of the Criminal Code of 1961, is entitled to
visitation rights while incarcerated or while on parole,
probation, conditional discharge, periodic imprisonment, or
mandatory supervised release for that offense, and upon
discharge from incarceration for a misdemeanor offense or
upon discharge from parole, probation, conditional discharge,
periodic imprisonment, or mandatory supervised release for a
felony offense, visitation shall be denied until the person
successfully completes a treatment program approved by the
court.
(f) Unless the court determines, after considering all
relevant factors, including but not limited to those set
forth in Section 602(a), that it would be in the best
interests of the child to allow visitation, the court shall
not enter an order providing visitation rights and pursuant
to a motion to modify visitation shall revoke visitation
rights previously granted to any person who would otherwise
be entitled to petition for visitation rights under this
Section who has been convicted of first degree murder of the
parent, grandparent, great-grandparent, or sibling of the
child who is the subject of the order. Until an order is
entered pursuant to this subsection, no person shall visit,
with the child present, a person who has been convicted of
first degree murder of the parent, grandparent,
great-grandparent, or sibling of the child without the
consent of the child's parent, other than a parent convicted
of first degree murder as set forth herein, or legal
guardian.
(g) If an order has been entered limiting, for cause, a
minor child's contact or visitation with a grandparent,
great-grandparent, or sibling on the grounds that it was in
the best interest of the child to do so, that order may be
modified only upon a showing of a substantial change in
circumstances occurring subsequent to the entry of the order
with proof by clear and convincing evidence that modification
is in the best interest of the minor child.
(Source: P.A. 89-488, eff. 6-21-96; 90-782, eff. 8-14-98;
90-801, eff. 6-1-99; revised 12-22-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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