Sen. Patrick Welch

Filed: 5/18/2004

 

 


 

 


 
09300HB1020sam002 LRB093 05535 LCB 51154 a

1
AMENDMENT TO HOUSE BILL 1020

2     AMENDMENT NO. ______. Amend House Bill 1020, AS AMENDED, by
3 replacing everything after the enacting clause with the
4 following:
 
 
5     "Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Section 601 as follows:
 
7     (750 ILCS 5/601)  (from Ch. 40, par. 601)
8     Sec. 601. Jurisdiction; Commencement of Proceeding.
9     (a) A court of this State competent to decide child custody
10 matters has jurisdiction to make a child custody determination
11 in original or modification proceedings as provided in Section
12 201 of the Uniform Child-Custody Jurisdiction and Enforcement
13 Act as adopted by this State.
14     (b) A child custody proceeding is commenced in the court:
15         (1) by a parent, by filing a petition:
16             (i) for dissolution of marriage or legal
17         separation or declaration of invalidity of marriage;
18         or
19             (ii) for custody of the child, in the county in
20         which he is permanently resident or found;
21         (2) by a person other than a parent, by filing a
22     petition for custody of the child in the county in which he
23     is permanently resident or found, but only if he is not in

 

 

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1     the physical custody of one of his parents; or
2         (3) by a stepparent, by filing a petition, if all of
3     the following circumstances are met:
4             (A) the child is at least 12 years old;
5             (B) the custodial parent and stepparent were
6         married for at least 5 years during which the child
7         resided with the parent and stepparent;
8             (C) the custodial parent is deceased or is disabled
9         and cannot perform the duties of a parent to the child;
10             (D) the stepparent provided for the care, control,
11         and welfare to the child prior to the initiation of
12         custody proceedings;
13             (E) the child wishes to live with the stepparent;
14         and
15             (F) it is alleged to be in the best interests and
16         welfare of the child to live with the stepparent as
17         provided in Section 602 of this Act.
18         (4) When one of the parents is deceased, by a
19     grandparent who is a parent or stepparent of a deceased
20     parent, by filing a petition, if one or more of the
21     following existed at the time of the parent's death:
22             (A) the surviving parent had been absent from the
23         marital abode for more than one month without the
24         deceased spouse knowing his or her whereabouts;
25             (B) the surviving parent was in State or federal
26         custody; or
27             (C) the surviving parent had: (i) received
28         supervision for or been convicted of any violation of
29         Article 12 of the Criminal Code of 1961 directed
30         towards the deceased parent or the child; or (ii)
31         received supervision or been convicted of violating an
32         order of protection entered under Section 217, 218, or
33         219 of the Illinois Domestic Violence Act of 1986 for
34         the protection of the deceased parent or the child.

 

 

09300HB1020sam002 - 3 - LRB093 05535 LCB 51154 a

1     (c) Notice of a child custody proceeding, including an
2 action for modification of a previous custody order, shall be
3 given to the child's parents, guardian and custodian, who may
4 appear, be heard, and file a responsive pleading. The court,
5 upon showing of good cause, may permit intervention of other
6 interested parties.
7     (d) Proceedings for modification of a previous custody
8 order commenced more than 30 days following the entry of a
9 previous custody order must be initiated by serving a written
10 notice and a copy of the petition for modification upon the
11 child's parent, guardian and custodian at least 30 days prior
12 to hearing on the petition. Nothing in this Section shall
13 preclude a party in custody modification proceedings from
14 moving for a temporary order under Section 603 of this Act.
15     (e) (Blank).
16     (f) The court shall, at the court's discretion or upon the
17 request of any party entitled to petition for custody of the
18 child, appoint a guardian ad litem to represent the best
19 interest of the child for the duration of the custody
20 proceeding or for any modifications of any custody orders
21 entered. Nothing in this Section shall be construed to prevent
22 the court from appointing the same guardian ad litem for 2 or
23 more children that are siblings or half-siblings.
24 (Source: P.A. 93-108, eff. 1-1-04.)".