93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
HB4853


 
Introduced 02/04/04, by Richard P. Myers
 
SYNOPSIS AS INTRODUCED:
 		












750 ILCS 5/603
  from Ch. 40, par. 603









    Amends the Illinois Marriage and Dissolution of Marriage Act.  Makes a
technical change in a Section concerning temporary orders in child custody
proceedings.
















LRB093 19580 LCB 45321 b

















 


 


A BILL FOR









 











HB4853

LRB093 19580 LCB 45321 b






1
    AN ACT in relation to families. 

 
2
    Be it enacted by the People of the State of Illinois, 
3
represented in the General Assembly: 


 
4
    Section 5. The Illinois Marriage and Dissolution of 
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Marriage Act is amended
by changing Section 603 as follows:


 
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    (750 ILCS 5/603)  (from Ch. 40, par. 603)

7
    Sec. 603. Temporary orders
Orders.


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    (a) A party to a custody proceeding, including a proceeding 
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to modify
custody, may move for a temporary custody order. The 
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court may award temporary
custody under the standards of 
11
Section 602 and the standards and procedures of
Section 602.1, 
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after a hearing, or, if there is no objection, solely on the

13
basis of the affidavits.


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    (b) If a proceeding for dissolution of marriage or legal 
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separation or
declaration of invalidity of marriage is 
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dismissed, any temporary custody
order is vacated unless a 
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parent or the child's custodian moves that the
proceeding 
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continue as a custody proceeding and the court finds, after a

19
hearing, that the circumstances of the parents and the best 
20
interest of the
child requires that a custody judgment be 
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issued.


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    (c) If a custody proceeding commenced in the absence of a 
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petition for
dissolution of marriage or legal separation, under 
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either subparagraph (ii) of
paragraph (1), or paragraph (2), of 
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subsection (d) of Section 601, is
dismissed, any temporary 
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custody order is vacated.


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(Source: P.A. 86-530; 87-1255.)