Public Act 093-1026
 		





HB1020 Enrolled
LRB093 05535 DRJ 05627 b






    AN ACT concerning family law. 

 
    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 601 as follows:

 



    (750 ILCS 5/601)  (from Ch. 40, par. 601)


    Sec. 601. Jurisdiction; Commencement of Proceeding. 

    (a) A court of this State competent to decide child custody 
matters has
jurisdiction to make a child custody determination 
in original or modification
proceedings as provided in Section 
201 of the Uniform
Child-Custody Jurisdiction and Enforcement 
Act as
adopted by this State.

    (b) A child custody proceeding is commenced in the court:


        (1) by a parent, by filing a petition:


            (i) for dissolution of marriage or legal 
        separation or declaration
of invalidity of marriage; 
        or


            (ii) for custody of the child, in the county in 
        which he is
permanently resident or found;


        (2) by a person other than a parent, by filing a 
    petition for
custody of the child in the county in which he 
    is permanently resident
or found, but only if he is not in 
    the physical custody of one of his
parents; or


        (3) by a stepparent, by filing a petition, if all of 
    the following
circumstances are met:


            (A) the child is at least 12 years old;


            (B) the custodial parent and stepparent were 
        married for at least 5
years during which the child 
        resided with the parent and stepparent;


            (C) the custodial parent is deceased or is disabled 
        and cannot perform
the duties of a parent to the child;


            (D) the stepparent provided for the care, control, 
        and welfare to the
child prior to the initiation of 
        custody proceedings;


            (E) the child wishes to live with the stepparent; 
        and


            (F) it is alleged to be in the best interests and 
        welfare of the
child to live with the stepparent as 
        provided in Section 602 of this Act.
        (4) When one  of the parents is deceased, by a 
    grandparent who is a parent or stepparent of a deceased 
    parent, by filing a petition, if one or more of the 
    following existed at the time of the parent's death:
            (A) the surviving parent had been absent from the 
        marital abode for more than one month without the 
        deceased spouse knowing his or her whereabouts;
            (B) the surviving parent was in State or federal 
        custody; or
            (C) the surviving parent had: (i) received 
        supervision for or been convicted of any violation of 
        Article 12 of the Criminal Code of 1961 directed 
        towards the deceased parent or the child; or (ii) 
        received supervision or been convicted of violating an 
        order of protection entered under Section 217, 218, or 
        219 of the Illinois Domestic Violence Act of 1986 for 
        the protection of the deceased parent or the child.


    (c) Notice of a child custody proceeding, including an 
action
for modification of a previous custody order, shall be 
given to the
child's parents, guardian and custodian, who may 
appear, be heard, and
file a responsive pleading. The court, 
upon showing of good cause, may
permit intervention of other 
interested parties.

    (d) Proceedings for modification of a previous custody 
order
commenced more than 30 days following the entry of a 
previous custody order
must be initiated by serving a written 
notice and a copy of the petition
for modification upon the 
child's parent, guardian and custodian at least
30 days prior 
to hearing on the petition.  Nothing in this Section shall

preclude a party in custody modification proceedings from 
moving for a
temporary order under Section 603 of this Act.

    (e) (Blank).
    (f) The court shall, at the court's discretion or upon the 
request of any party entitled to petition for custody of the 
child, appoint a guardian ad litem to represent the best 
interest of the child for the duration of the custody 
proceeding or for any modifications of any custody orders 
entered.  Nothing in this Section shall be construed to prevent 
the court from appointing the same guardian ad litem for 2 or 
more children that are siblings or half-siblings.


(Source: P.A. 93-108, eff. 1-1-04.)