96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4564


 
Introduced 5/19/2009, by Rep. Jehan A. Gordon
 
SYNOPSIS AS INTRODUCED:
 		














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







    Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that notice of a child custody proceeding or action for a modification of custody shall be given to the child's parents, grandparent who is a parent or stepparent of the child's deceased parent, guardian and custodian (instead of child's parents, guardian and custodian).
















LRB096 10126 AJO 20292 b

















 


 


A BILL FOR









 











HB4564

LRB096 10126 AJO 20292 b






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    AN ACT concerning civil law.

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


 
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    Section 5. The Illinois Marriage and Dissolution of 
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Marriage Act is amended  by changing Section 601 as follows:
 



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


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    Sec. 601. Jurisdiction; Commencement of Proceeding. 

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

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


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


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


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


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


 


 






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


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


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


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


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


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


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            (F) it is alleged to be in the best interests and 
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        welfare of the
child to live with the stepparent as 
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        provided in Section 602 of this Act.
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        (4) When one  of the parents is deceased, by a 
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    grandparent who is a parent or stepparent of a deceased 
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    parent, by filing a petition, if one or more of the 
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    following existed at the time of the parent's death:
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            (A) the surviving parent had been absent from the 
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        marital abode for more than one month without the 
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        deceased spouse knowing his or her whereabouts;
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            (B) the surviving parent was in State or federal 
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        custody; or
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            (C) the surviving parent had: (i) received 
 


 






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        supervision for or been convicted of any violation of 
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        Article 12 of the Criminal Code of 1961 directed 
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        towards the deceased parent or the child; or (ii) 
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        received supervision or been convicted of violating an 
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        order of protection entered under Section 217, 218, or 
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        219 of the Illinois Domestic Violence Act of 1986 for 
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        the protection of the deceased parent or the child.


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

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

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

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    (e) (Blank).
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    (f) The court shall, at the court's discretion or upon the 
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request of any party entitled to petition for custody of the 
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child, appoint a guardian ad litem to represent the best 
 


 






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interest of the child for the duration of the custody 
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proceeding or for any modifications of any custody orders 
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entered.  Nothing in this Section shall be construed to prevent 
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the court from appointing the same guardian ad litem for 2 or 
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more children that are siblings or half-siblings.


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(Source: P.A. 93-108, eff. 1-1-04; 93-1026, eff. 1-1-05.)