SB2850 104TH GENERAL ASSEMBLY

LRB104 17591 JRC 31019 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2850

Introduced 1/13/2026, by Sen. Mike Porfirio

SYNOPSIS AS INTRODUCED:

See Index

Amends the Illinois Marriage and Dissolution of Marriage Act. Creates the Deployed Parents Allocation of Parental Responsibilities Part. Requires a deploying parent to notify the other parent of a pending deployment not later than 7 days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service. Requires each parent to provide the other parent with a plan for fulfilling the parent's share of parental responsibilities during deployment. Requires an individual to whom parental responsibilities have been granted during deployment to notify the deploying parent and any other individual with parental responsibilities of a child of any change of the individual's mailing address or residence until the grant is terminated. Prohibits a court from considering a parent's past deployment or possible future deployment in itself in determining the best interests of the child in a proceeding for the allocation of parental responsibilities of a child of a service member. Allows the parents of a child to enter into a temporary agreement granting parental responsibilities during deployment of a deploying parent. Allows a court to issue a temporary order granting parental responsibilities after a deploying parent receives notice of deployment and until the deployment terminates. Allows a court to grant caretaking functions, significant decision-making, or limited contact to a non-parent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship on the motion of a deploying parent. Allows the court to enter a temporary order for child support if the court has issued a temporary order granting parental responsibilities under the Part. Sets forth the termination procedures of an agreement or temporary order under the Part. Makes other changes.

A BILL FOR

AN ACT concerning civil 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 Sections 602.7 and 602.9 and by adding Part VI-A as follows:

(750 ILCS 5/602.7)

Sec. 602.7. Allocation of parental responsibilities: parenting time.

(a) Best interests. The court shall allocate parenting time according to the child's best interests.

(b) Allocation of parenting time. Unless the parents present a mutually agreed written parenting plan and that plan is approved by the court, the court shall allocate parenting time. It is presumed both parents are fit and the court shall not place any restrictions on parenting time as defined in Section 600 and described in Section 603.10, unless it finds by a preponderance of the evidence that a parent's exercise of parenting time would seriously endanger the child's physical, mental, moral, or emotional health.

In determining the child's best interests for purposes of allocating parenting time, the court shall consider all relevant factors, including, without limitation, the following:

(1) the wishes of each parent seeking parenting time;

(2) the wishes of the child, taking into account the child's maturity and ability to express reasoned and independent preferences as to parenting time;

(3) the amount of time each parent spent performing caretaking functions with respect to the child in the 24 months preceding the filing of any petition for allocation of parental responsibilities or, if the child is under 2 years of age, since the child's birth;

(4) any prior agreement or course of conduct between the parents relating to caretaking functions with respect to the child;

(5) the interaction and interrelationship of the child with his or her parents and siblings and with any other person who may significantly affect the child's best interests;

(6) the child's adjustment to his or her home, school, and community;

(7) the mental and physical health of all individuals involved;

(8) the child's needs;

(9) the distance between the parents' residences, the cost and difficulty of transporting the child, each parent's and the child's daily schedules, and the ability of the parents to cooperate in the arrangement;

(10) whether a restriction on parenting time is appropriate;

(11) the physical violence or threat of physical violence by the child's parent directed against the child or other member of the child's household;

(12) the willingness and ability of each parent to place the needs of the child ahead of his or her own needs;

(13) the willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child;

(14) the occurrence of abuse against the child or other member of the child's household;

(15) whether one of the parents is a convicted sex offender or lives with a convicted sex offender and, if so, the exact nature of the offense and what if any treatment the offender has successfully participated in; the parties are entitled to a hearing on the issues raised in this paragraph (15);

(16) the terms of a parent's military family-care plan that a parent must complete before deployment if a parent is a member of the United States Armed Forces who is being deployed; and

(17) any other factor that the court expressly finds to be relevant.

(c) In allocating parenting time, the court shall not consider conduct of a parent that does not affect that parent's relationship to the child.

(d) (Blank). Upon motion, the court may allow a parent who is deployed or who has orders to be deployed as a member of the United States Armed Forces to designate a person known to the child to exercise reasonable substitute visitation on behalf of the deployed parent, if the court determines that substitute visitation is in the best interests of the child. In determining whether substitute visitation is in the best interests of the child, the court shall consider all of the relevant factors listed in subsection (b) of this Section and apply those factors to the person designated as a substitute for the deployed parent for visitation purposes. Visitation orders entered under this subsection are subject to subsections (e) and (f) of Section 602.9 and subsections (c) and (d) of Section 603.10.

(e) If the street address of a parent is not identified pursuant to Section 708 of this Act, the court shall require the parties to identify reasonable alternative arrangements for parenting time by the other parent including, but not limited to, parenting time of the minor child at the residence of another person or at a local public or private facility.

(Source: P.A. 99-90, eff. 1-1-16.)

(750 ILCS 5/602.9)

Sec. 602.9. Visitation by certain non-parents.

(a) As used in this Section:

(1) "electronic communication" means time that a grandparent, great-grandparent, sibling, or step-parent spends with a child during which the child is not in the person's actual physical custody, but which is facilitated by the use of communication tools such as the telephone, electronic mail, instant messaging, video conferencing or other wired or wireless technologies via the Internet, or another medium of communication;

(2) "sibling" means a brother or sister either of the whole blood or the half blood, stepbrother, or stepsister of the minor child;

(3) "step-parent" means a person married to a child's parent, including a person married to the child's parent immediately prior to the parent's death; and

(4) "visitation" means in-person time spent between a child and the child's grandparent, great-grandparent, sibling, step-parent, or any person designated under Part VI-A subsection (d) of Section 602.7. In appropriate circumstances, visitation may include electronic communication under conditions and at times determined by the court.

(b) General provisions.

(1) An appropriate person, as identified in subsection (c) of this Section, may bring an action in circuit court by petition, or by filing a petition in a pending dissolution proceeding or any other proceeding that involves parental responsibilities or visitation issues regarding the child, requesting visitation with the child pursuant to this Section. If there is not a pending proceeding involving parental responsibilities or visitation with the child, the petition for visitation with the child must be filed in the county in which the child resides. Notice of the petition shall be given as provided in subsection (c) of Section 601.2 of this Act.

(2) This Section does not apply to a child:

(A) in whose interests a petition is pending under Section 2-13 of the Juvenile Court Act of 1987; or

(B) in whose interests a petition to adopt by an unrelated person is pending under the Adoption Act; or

(C) who has been voluntarily surrendered by the parent or parents, except for a surrender to the Department of Children and Family Services or a foster care facility; or

(D) who has been previously adopted by an individual or individuals who are not related to the biological parents of the child or who is the subject of a pending adoption petition by an individual or individuals who are not related to the biological parents of the child; or

(E) who has been relinquished pursuant to the Abandoned Newborn Infant Protection Act.

(3) A petition for visitation may be filed under this Section only if there has been an unreasonable denial of visitation by a parent and the denial has caused the child undue mental, physical, or emotional harm.

(4) There is a rebuttable presumption that a fit parent's actions and decisions regarding grandparent, great-grandparent, sibling, or step-parent visitation are not harmful to the child's mental, physical, or emotional health. The burden is on the party filing a petition under this Section to prove that the parent's actions and decisions regarding visitation will cause undue harm to the child's mental, physical, or emotional health.

(5) In determining whether to grant visitation, the court shall consider the following:

(A) the wishes of the child, taking into account the child's maturity and ability to express reasoned and independent preferences as to visitation;

(B) the mental and physical health of the child;

(C) the mental and physical health of the grandparent, great-grandparent, sibling, or step-parent;

(D) the length and quality of the prior relationship between the child and the grandparent, great-grandparent, sibling, or step-parent;

(E) the good faith of the party in filing the petition;

(F) the good faith of the person denying visitation;

(G) the quantity of the visitation time requested and the potential adverse impact that visitation would have on the child's customary activities;

(H) any other fact that establishes that the loss of the relationship between the petitioner and the child is likely to unduly harm the child's mental, physical, or emotional health; and

(I) whether visitation can be structured in a way to minimize the child's exposure to conflicts between the adults.

(6) Any visitation rights granted under this Section before the filing of a petition for adoption of the child shall automatically terminate by operation of law upon the entry of an order terminating parental rights or granting the adoption of the child, whichever is earlier. If the person or persons who adopted the child are related to the child, as defined by Section 1 of the Adoption Act, any person who was related to the child as grandparent, great-grandparent, or sibling prior to the adoption shall have standing to bring an action under this Section requesting visitation with the child.

(7) The court may order visitation rights for the grandparent, great-grandparent, sibling, or step-parent that include reasonable access without requiring overnight or possessory visitation.

(c) Visitation by grandparents, great-grandparents, step-parents, and siblings.

(1) Grandparents, great-grandparents, step-parents, and siblings of a minor child who is one year old or older may bring a petition for visitation and electronic communication under this Section if there is an unreasonable denial of visitation by a parent that causes undue mental, physical, or emotional harm to the child and if at least one of the following conditions exists:

(A) the child's other parent is deceased or has been missing for at least 90 days. For the purposes of this subsection a parent is considered to be missing if the parent's location has not been determined and the parent has been reported as missing to a law enforcement agency; or

(B) a parent of the child is incompetent as a matter of law; or

(C) a parent has been incarcerated in jail or prison for a period in excess of 90 days immediately prior to the filing of the petition; or

(D) the child's parents have been granted a dissolution of marriage or have been legally separated from each other or there is pending a dissolution proceeding involving a parent of the child or another court proceeding involving parental responsibilities or visitation of the child (other than an adoption proceeding of an unrelated child, a proceeding under Article II of the Juvenile Court Act of 1987, or an action for an order of protection under the Illinois Domestic Violence Act of 1986 or Article 112A of the Code of Criminal Procedure of 1963) and at least one parent does not object to the grandparent, great-grandparent, step-parent, or sibling having visitation with the child. The visitation of the grandparent, great-grandparent, step-parent, or sibling must not diminish the parenting time of the parent who is not related to the grandparent, great-grandparent, step-parent, or sibling seeking visitation; or

(E) (i) the child is born to parents who are not married to each other; (ii) the parents are not living together; (iii) the petitioner is a grandparent, great-grandparent, step-parent, or sibling of the child; and (iv) the parent-child relationship has been legally established. For purposes of this subdivision (E), if the petitioner is a grandparent or great-grandparent, the parent-child relationship need be legally established only with respect to the parent who is related to the grandparent or great-grandparent. For purposes of this subdivision (E), if the petitioner is a step-parent, the parent-child relationship need be legally established only with respect to the parent who is married to the petitioner or was married to the petitioner immediately before the parent's death.

(2) In addition to the factors set forth in subdivision (b)(5) of this Section, the court should consider:

(A) whether the child resided with the petitioner for at least 6 consecutive months with or without a parent present;

(B) whether the child had frequent and regular contact or visitation with the petitioner for at least 12 consecutive months; and

(C) whether the grandparent, great-grandparent, sibling, or step-parent was a primary caretaker of the child for a period of not less than 6 consecutive months within the 24-month period immediately preceding the commencement of the proceeding.

(3) An order granting visitation privileges under this Section is subject to subsections (c) and (d) of Section 603.10.

(4) A petition for visitation privileges may not be filed pursuant to this subsection (c) by the parents or grandparents of a parent of the child if parentage between the child and the related parent has not been legally established.

(d) Modification of visitation orders.

(1) Unless by stipulation of the parties, no motion to modify a grandparent, great-grandparent, sibling, or step-parent visitation order may be made earlier than 2 years after the date the order was filed, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child's present environment may endanger seriously the child's mental, physical, or emotional health.

(2) The court shall not modify an order that grants visitation to a grandparent, great-grandparent, sibling, or step-parent unless it finds by clear and convincing evidence, upon the basis of facts that have arisen since the prior visitation order or that were unknown to the court at the time of entry of the prior visitation order, that a change has occurred in the circumstances of the child or his or her parent, and that the modification is necessary to protect the mental, physical, or emotional health of the child. The court shall state in its decision specific findings of fact in support of its modification or termination of the grandparent, great-grandparent, sibling, or step-parent visitation. A child's parent may always petition to modify visitation upon changed circumstances when necessary to promote the child's best interests.

(3) Notice of a motion requesting modification of a visitation order shall be provided as set forth in subsection (c) of Section 601.2 of this Act.

(4) Attorney's fees and costs shall be assessed against a party seeking modification of the visitation order if the court finds that the modification action is vexatious and constitutes harassment.

(e) No child's grandparent, great-grandparent, sibling, or step-parent, or any person to whom the court is considering granting visitation privileges pursuant to Part VI-A subsection (d) of Section 602.7, who was 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 Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70, or Article 12 of the Criminal Code of 1961 or the Criminal Code of 2012, is entitled to visitation 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. Upon completion of treatment, the court may deny visitation based on the factors listed in subdivision (b)(5) of this Section.

(f) No child's grandparent, great-grandparent, sibling, or step-parent, or any person to whom the court is considering granting visitation privileges pursuant to Part VI-A subsection (d) of Section 602.7, may be granted visitation if he or she has been convicted of first degree murder of a parent, grandparent, great-grandparent, or sibling of the child who is the subject of the visitation request. Pursuant to a motion to modify visitation, the court shall revoke visitation rights previously granted to any person who would otherwise be entitled to petition for visitation rights under this Section or granted visitation under subsection (d) of Section 602.7, if the person has been convicted of first degree murder of a parent, grandparent, great-grandparent, or sibling of the child who is the subject of the visitation order. Until an order is entered pursuant to this subsection, no person may 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.

(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17; 100-706, eff. 1-1-19.)

(750 ILCS 5/Pt. VI-A heading new)

PART VI-A

DEPLOYED PARENTS ALLOCATION OF PARENTAL RESPONSIBILITIES

(750 ILCS 5/651 new)

Sec. 651. References. This Part may be referred to as the Deployed Parents Allocation of Parental Responsibilities Act.

(750 ILCS 5/652 new)

Sec. 652. Definitions. In this Part:

"Caretaking functions" has the same meaning as given in Part VI of this Act.

"Child" means an unemancipated person who has not attained 18 years of age or age 19 or younger who is still attending high school; or who is the subject of a court order concerning parental responsibilities.

"Close and substantial relationship" means a relationship in which a significant bond exists between a child and a non-parent.

"Court" means a tribunal, including an administrative agency, authorized under the laws of this State to make, enforce, or modify a decision regarding parental responsibilities.

"Significant decision-making" has the same meaning as given in Part VI of this Act.

"Deploying parent" means a service member who is deployed or has been notified of impending deployment and is:

(1) a parent of a child under the laws of this State; or

(2) an individual who has parental responsibility for a child under the laws of this State.

"Deployment" means the movement or mobilization of a service member for more than 90 days but less than 18 months pursuant to uniformed service orders that:

(1) are designated as unaccompanied;

(2) do not authorize dependent travel; or

(3) otherwise do not permit the movement of family members to the location to which the service member is deployed.

"Family member" means a sibling, aunt, uncle, cousin, step-parents, or grandparent of a child or an individual recognized to be in a familial relationship with a child under the laws of this State.

"Limited contact" means the authority of a non-parent to visit a child for a limited time. "Limited contact" includes the authority to take the child to a place other than residence of the child.

"non-parent" means an individual other than a deploying parent or other parent.

"Other parent" means an individual who, in common with a deploying parent, is:

(1) a parent of a child under the laws of this State; or

(2) an individual who has parental responsibility for a child under the laws of this State.

"Parental responsibilities" has the same meaning as given in Part VI of this Act.

"Parenting time" has the same meaning as given in Part VI of this Act.

"Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

"Return from deployment" means the conclusion of the service member's deployment as specified in uniformed service orders.

"Service member" means a member of a uniformed service.

"Sign" means, with present intent to authenticate or adopt a record:

(1) to execute or adopt a tangible symbol; or

(2) to attach to or logically associate with the record an electronic symbol, sound, or process.

"Uniformed service" means:

(1) active and reserve components of the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States;

(2) the United States Merchant Marine;

(3) the commissioned corps of the United States Public Health Service;

(4) the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or

(5) the National Guard of this State or another state.

(750 ILCS 5/653 new)

Sec. 653. Remedies for noncompliance. In addition to other remedies under laws of this State, if a court finds that a party to a proceeding under this Part has acted in bad faith or intentionally failed to comply with this Part or a court order issued under this Part, the court may assess reasonable attorney's fees and costs against the party and order other appropriate relief.

(750 ILCS 5/654 new)

Sec. 654. Jurisdiction.

(a) A court may issue an order regarding the allocation of parental responsibilities under this Part only if the court has jurisdiction under the Uniform Child-Custody Jurisdiction and Enforcement Act.

(b) If a court has issued a temporary order regarding the allocation of parental responsibilities under Sections 663 through 672, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child-Custody Jurisdiction and Enforcement Act during the deployment.

(c) If a court has issued a permanent order regarding the allocation of parental responsibilities before notice of deployment and the parents modify that order temporarily by agreement under Sections 658 through 662, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child-Custody Jurisdiction and Enforcement Act.

(d) If a court in another state has issued a temporary order regarding the allocation of parental responsibilities as a result of an impending or current deployment, the residence of the deploying parent is not changed by reason of the deployment for the purposes of the Uniform Child-Custody Jurisdiction and Enforcement Act.

(e) This Section does not prevent a court from exercising temporary emergency jurisdiction under the Uniform Child-Custody Jurisdiction and Enforcement Act.

(750 ILCS 5/655 new)

Sec. 655. Notification required of deploying parent.

(a) Except as otherwise provided in subsection (d) and subject to subsection (c), a deploying parent shall notify the other parent in a record of a pending deployment not later than 7 days after receiving notice of deployment unless reasonably prevented from doing so by the circumstances of service. If the circumstances of service prevent giving notification within the 7 days, the deploying parent shall give the notification as soon as reasonably possible.

(b) Except as otherwise provided in subsection (d) and subject to subsection (c), each parent shall provide in a record the other parent with a plan for fulfilling the parent's share of parental responsibilities during deployment. Each parent shall provide the plan as soon as reasonably possible after notification of deployment is given under subsection (a).

(c) If a court order currently in effect prohibits the disclosure of the address or contact information of the other parent, notification of deployment under subsection (a) or notification of a plan for the allocation of parental responsibilities during deployment under subsection (b) may be made only to the issuing court. If the address of the other parent is available to the issuing court, the court shall forward the notification to the other parent. The court shall keep confidential the address or contact information of the other parent.

(d) Notification in a record under subsection (a) or (b) is not required if the parents are living in the same residence and both parents have actual notice of the deployment or plan.

(e) In a proceeding regarding the allocation of parental responsibilities, a court may consider the reasonableness of a parent's efforts to comply with this Section.

(750 ILCS 5/656 new)

Sec. 656. Duty to notify of change of address.

(a) Except as otherwise provided in subsection (b), an individual to whom parental responsibilities have been granted during deployment under Sections 658 through 672 shall notify the deploying parent and any other individual with parental responsibilities of a child of any change of the individual's mailing address or residence until the grant is terminated. The individual shall provide notice to any court that has issued an allocation of parental responsibilities or child support order concerning the child which is in effect.

(b) If a court order currently in effect prohibits disclosure of the address or contact information of an individual to whom parental responsibilities have been granted, a notification under subsection (a) may be made only to the court that issued the order. The court shall keep confidential the mailing address or residence of the individual to whom parental responsibilities have been granted.

(750 ILCS 5/657 new)

Sec. 657. General consideration in allocation of parental responsibilities proceeding of parent's military service. In a proceeding for the allocation of parental responsibilities of a child of a service member, a court may not consider a parent's past deployment or possible future deployment in itself in determining the best interests of the child, but may consider any significant impact on the best interests of the child of the parent's past or possible future deployment.

(750 ILCS 5/658 new)

Sec. 658. Form of agreement.

(a) The parents of a child may enter into a temporary agreement under this Part granting parental responsibilities during deployment.

(b) An agreement under subsection (a) must be:

(1) in writing; and

(2) signed by both parents and any non-parent to whom parental responsibilities are granted.

(c) Subject to subsection (d), an agreement under subsection (a), if feasible, must:

(1) identify the destination, duration, and conditions of the deployment that is the basis for the agreement;

(2) specify the allocation of caretaking functions among the deploying parent, the other parent, and any non-parent;

(3) specify any significant decision-making that accompanies a grant of caretaking functions;

(4) specify any grant of limited contact to a non-parent;

(5) if under the agreement the allocation of parental responsibilities is shared by the other parent and a non-parent, or by other non-parents, provide a process to resolve any dispute that may arise;

(6) specify the frequency, duration, and means, including electronic means, by which the deploying parent will have contact with the child, any role to be played by the other parent in facilitating the contact, and the allocation of any costs of contact;

(7) specify the contact between the deploying parent and the child during the time the deploying parent is on leave or is otherwise available;

(8) acknowledge that any party's child support obligation cannot be modified by the agreement, and that changing the terms of the obligation during deployment requires modification in the appropriate court;

(9) provide that the agreement will terminate according to the procedures under Sections 673 through 676 after the deploying parent returns from deployment; and

(10) if the agreement must be filed under Section 662, specify which parent is required to file the agreement.

(d) The omission of any of the information included in subsection (c) does not invalidate an agreement under this Section.

(750 ILCS 5/659 new)

Sec. 659. Nature of authority created by agreement.

(a) An agreement under Sections 658 through 662 is temporary and terminates under Sections 673 through 676 after the deploying parent returns from deployment, unless the agreement has been terminated before that time by court order or modification under Section 660. The agreement does not create an independent, continuing right to caretaking functions, significant decision-making, or limited contact in an individual to whom parental responsibilities are given.

(b) A non-parent who has caretaking functions, significant decision-making, or limited contact by an agreement under Sections 658 through 662 has standing to enforce the agreement until it has been terminated by court order, modification under Section 660, or under Sections 673 through 676.

(750 ILCS 5/660 new)

Sec. 660. Modification of agreement.

(a) By mutual consent, the parents of a child may modify an agreement regarding the allocation of parental responsibilities made under Sections 658 through 662.

(b) If an agreement is modified under subsection (a) before deployment of a deploying parent, the modification must be in writing and signed by both parents and any non-parent who will exercise parental responsibilities under the modified agreement.

(c) If an agreement is modified under subsection (a) during deployment of a deploying parent, the modification must be agreed to in a record by both parents and any non-parent who will exercise parental responsibilities under the modified agreement.

(750 ILCS 5/661 new)

Sec. 661. Power of attorney. A deploying parent, by power of attorney, may delegate all or part of the parental responsibilities to an adult non-parent for the period of deployment if no other parent possesses parental responsibilities under the laws of this State, or if a court order currently in effect prohibits contact between the child and the other parent. The deploying parent may revoke the power of attorney by signing a revocation of the power.

(750 ILCS 5/662 new)

Sec. 662. Filing agreement or power of attorney with court. An agreement or power of attorney under this Part must be filed within a reasonable time with any court that has entered an order of allocation of parental responsibilities or child support that is in effect concerning the child who is the subject of the agreement or power. The case number and heading of the pending case concerning the allocation of parental responsibilities or child support must be provided to the court with the agreement or power.

(750 ILCS 5/663 new)

Sec. 663. Proceeding for temporary allocation of parental responsibilities order.

(a) After a deploying parent receives notice of deployment and until the deployment terminates, a court may issue a temporary order granting parental responsibilities unless prohibited by the federal Servicemembers Civil Relief Act, 50 U.S.C. Sections 521 and 522. A court may not issue a permanent order granting parental responsibilities without the consent of the deploying parent.

(b) At any time after a deploying parent receives notice of deployment, either parent may file a motion regarding the allocation of parental responsibilities of a child during deployment. The motion must be filed in a pending proceeding for the allocation of parental responsibilities in a court with jurisdiction under Section 654 or, if there is no pending proceeding in a court with jurisdiction under Section 654, in a new action for granting parental responsibilities during deployment.

(750 ILCS 5/664 new)

Sec. 664. Expedited hearing. If a motion to grant the allocation of parental responsibilities is filed under subsection (b) of Section 663 before a deploying parent deploys, the court shall conduct an expedited hearing.

(750 ILCS 5/665 new)

Sec. 665. Testimony by electronic means. In a proceeding under this Part, a party or witness who is not reasonably available to appear personally may appear, provide testimony, and present evidence by electronic means unless the court finds good cause to require a personal appearance.

(750 ILCS 5/666 new)

Sec. 666. Effect of prior judicial order or agreement. In a proceeding for a grant of parental responsibilities under Sections 663 through 672, the following rules apply:

(1) A prior judicial order designating the allocation of parental responsibilities in the event of deployment is binding on the court unless the circumstances meet the requirements of the laws of this State for modifying a judicial order regarding the allocation of parental responsibilities.

(2) The court shall enforce a prior written agreement between the parties for designating parental responsibilities in the event of deployment, including an agreement executed under Sections 658 through 662, unless the court finds that the agreement is contrary to the best interests of the child.

(750 ILCS 5/667 new)

Sec. 667. Grant of caretaking functions or significant decision-making to non-parent.

(a) On motion of a deploying parent and in accordance with the laws of this State, if it is in the best interests of the child, a court may grant caretaking functions to a non-parent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship.

(b) Unless a grant of caretaking functions to a non-parent under subsection (a) is agreed to by the other parent, the grant is limited to an amount of time not greater than:

(1) the amount of time granted to the deploying parent under a permanent allocation of parental responsibilities order, but the court may add unusual travel time necessary to transport the child; or

(2) in the absence of a permanent allocation of parental responsibilities order that is currently in effect, the amount of time that the deploying parent habitually cared for the child before being notified of deployment, but the court may add unusual travel time necessary to transport the child.

(c) A court may grant part of a deploying parent's significant decision-making, if the deploying parent is unable to exercise those functions, to a non-parent who is an adult family member of the child or an adult with whom the child has a close and substantial relationship. If a court grants the functions to a non-parent, the court shall specify the significant decision-making granted, including decisions regarding the child's education, religious training, health care, extracurricular activities, and travel.

(750 ILCS 5/668 new)

Sec. 668. Grant of limited contact. On motion of a deploying parent, and in accordance with the laws of this State, unless the court finds that the contact would be contrary to the best interests of the child, a court shall grant limited contact to a non-parent who is a family member of the child or an individual with whom the child has a close and substantial relationship.

(750 ILCS 5/669 new)

Sec. 669. Nature of authority created by temporary allocation of parental responsibilities order.

(a) A grant of authority under Sections 663 through 672 is temporary and terminates under Sections 673 through 676 after the return from deployment of the deploying parent, unless the grant has been terminated before that time by court order. The grant does not create an independent, continuing right to caretaking functions, significant decision-making, or limited contact in an individual to whom it is granted.

(b) A non-parent granted caretaking functions, significant decision-making, or limited contact under Sections 663 through 672 has standing to enforce the grant until it is terminated by court order or under Sections 673 through 676.

(750 ILCS 5/670 new)

Sec. 670. Content of temporary allocation of parental responsibilities order.

(a) An order granting parental responsibilities under Sections 663 through 672 must:

(1) designate the order as temporary; and

(2) identify to the extent feasible the destination, duration, and conditions of the deployment.

(b) If applicable, an order for the allocation of parental responsibilities under Sections 663 through 672 must:

(1) specify the allocation of caretaking functions, significant decision-making, or limited contact among the deploying parent, the other parent, and any non-parent;

(2) if the order divides caretaking functions and significant decision-making between individuals, or grants caretaking functions and significant decision-making to one individual and limited contact to another, provide a process to resolve any dispute that may arise;

(3) provide for liberal communication between the deploying parent and the child during deployment, including through electronic means, unless contrary to the best interests of the child, and allocate any costs of communications;

(4) provide for liberal contact between the deploying parent and the child during the time the deploying parent is on leave or otherwise available, unless contrary to the best interests of the child;

(5) provide for reasonable contact between the deploying parent and the child after return from deployment until the temporary order is terminated, even if the time of contact exceeds the time the deploying parent spent with the child before entry of the temporary order; and

(6) provide that the order terminates under Sections 673 through 676 after the deploying parent returns from deployment.

(750 ILCS 5/671 new)

Sec. 671. Order for child support. If a court has issued an order granting the allocation of parental responsibilities under this Part, or an agreement granting the allocation of parental responsibilities has been executed under Sections 658 through 662, the court may enter a temporary order for child support consistent with Section 505 or the Uniform Interstate Family Support Act if the court has jurisdiction under Section 505 or the Uniform Interstate Family Support Act.

(750 ILCS 5/672 new)

Sec. 672. Modifying or terminating grant of parental responsibilities to non-parent.

(a) Except for an order under Section 666, except as otherwise provided by subsection (b), and consistent with the federal Servicemembers Civil Relief Act, 50 U.S.C. Sections 521 and 522, on motion of a deploying parent, other parent, or any non-parent to whom caretaking functions, significant decision-making, or limited contact has been granted, the court may modify or terminate the grant if the modification or termination is consistent with this Section and Sections 663 through 671 and it is in the best interests of the child. A modification is temporary and terminates under Sections 673 through 676 after the deploying parent returns from deployment, unless the grant has been terminated before that time by court order.

(b) On motion of a deploying parent, the court shall terminate a grant of limited contact.

(750 ILCS 5/673 new)

Sec. 673. Procedure for terminating temporary grant of parental responsibilities established by agreement.

(a) At any time after return from deployment, a temporary agreement granting parental responsibilities under Sections 658 through 662 may be terminated by an agreement to terminate signed by the deploying parent and the other parent.

(b) A temporary agreement under Sections 658 through 662 granting parental responsibilities terminates:

(1) if an agreement to terminate under subsection (a) specifies a date for termination, on that date; or

(2) if the agreement to terminate does not specify a date, on the date the agreement to terminate is signed by the deploying parent and the other parent.

(c) In the absence of an agreement under subsection (a) to terminate, a temporary agreement granting parental responsibilities terminates under Sections 658 through 662 60 days after the deploying parent gives notice to the other parent that the deploying parent returned from deployment.

(d) If a temporary agreement granting parental responsibilities was filed with a court under Section 662, an agreement to terminate the temporary agreement must also be filed with that court within a reasonable time after the signing of the agreement. The case number and heading of the case concerning the allocation of parental responsibilities or child support must be provided to the court with the agreement to terminate.

(750 ILCS 5/674 new)

Sec. 674. Consent procedure for terminating temporary grant of parental responsibilities established by court order. At any time after a deploying parent returns from deployment, the deploying parent and the other parent may file with the court an agreement to terminate a temporary order for the allocation of parental responsibilities issued under Sections 663 through 672. After an agreement has been filed, the court shall issue an order terminating the temporary order effective on the date specified in the agreement. If a date is not specified, the order is effective immediately.

(750 ILCS 5/675 new)

Sec. 675. Parenting time before termination of temporary grant of parental responsibilities. After a deploying parent returns from deployment until a temporary agreement or order for the allocation of parental responsibilities established under Sections 658 through 672 is terminated, the court shall issue a temporary order granting the deploying parent reasonable contact with the child unless it is contrary to the best interests of the child, even if the time of contact exceeds the time the deploying parent spent with the child before deployment.

(750 ILCS 5/676 new)

Sec. 676. Termination by operation of law of temporary grant of parental responsibilities established by court order.

(a) If an agreement between the parties to terminate a temporary order for the allocation of parental responsibilities under this Part has not been filed, the order terminates 60 days after the deploying parent gives notice to the other parent and any non-parent granted parental responsibilities that the deploying parent has returned from deployment.

(b) A proceeding seeking to prevent termination of a temporary order for the allocation of parental responsibilities is governed by the laws of this State.

(750 ILCS 5/677 new)

Sec. 677. Uniformity of application and construction. In applying and construing this Part, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

(750 ILCS 5/678 new)

Sec. 678. Relation to the federal Electronic Signatures in Global and National Commerce Act. This Part modifies, limits, or supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq., but does not modify, limit, or supersede subsection (c) of Section 7001 of the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001(c), or authorize electronic delivery of any of the notices described in subsection (b) of Section 7003 of the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7003(b).

(750 ILCS 5/679 new)

Sec. 679. Saving clause. This Part does not affect the validity of a temporary court order concerning the allocation of parental responsibilities during deployment that was entered before the effective date of this amendatory Act of the 104th General Assembly.