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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Marriage and Dissolution of | ||||||
5 | Marriage Act is amended by changing Sections 603, 606, 607, and | ||||||
6 | 610 as follows:
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7 | (750 ILCS 5/603) (from Ch. 40, par. 603)
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8 | Sec. 603. Temporary Orders.
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9 | (a) A party to a custody proceeding, including a proceeding | ||||||
10 | to modify
custody, may move for a temporary custody order. The | ||||||
11 | court may award temporary
custody under the standards of | ||||||
12 | Section 602 , and the standards and procedures of
Section 602.1, | ||||||
13 | and the provisions of subsection (f) of Section 610 after a | ||||||
14 | hearing, or, if there is no objection, solely on the
basis of | ||||||
15 | the affidavits or the agreement of the parties if the court | ||||||
16 | finds that the parties' agreement is in the best interest of | ||||||
17 | the child .
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18 | (b) If a proceeding for dissolution of marriage or legal | ||||||
19 | separation or
declaration of invalidity of marriage is | ||||||
20 | dismissed, any temporary custody
order is vacated unless a | ||||||
21 | parent or the child's custodian moves that the
proceeding | ||||||
22 | continue as a custody proceeding and the court finds, after a
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23 | hearing, that the circumstances of the parents and the best |
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1 | interest of the
child requires that a custody judgment be | ||||||
2 | issued.
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3 | (c) If a custody proceeding commenced in the absence of a | ||||||
4 | petition for
dissolution of marriage or legal separation, under | ||||||
5 | either subparagraph (ii) of
paragraph (1), or paragraph (2), of | ||||||
6 | subsection (d) of Section 601, is
dismissed, any temporary | ||||||
7 | custody order is vacated.
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8 | (Source: P.A. 86-530; 87-1255.)
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9 | (750 ILCS 5/606) (from Ch. 40, par. 606)
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10 | Sec. 606. Hearings.
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11 | (a) Custody proceedings shall receive priority in
being set | ||||||
12 | for hearing.
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13 | (b) The court may tax as costs the payment of necessary | ||||||
14 | travel and other
expenses incurred by any person whose presence | ||||||
15 | at the hearing the court
deems necessary to determine the best | ||||||
16 | interest of the child.
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17 | (c) The court, without a jury, shall determine questions of | ||||||
18 | law and fact.
If it finds that a public hearing may be | ||||||
19 | detrimental to the child's best
interest, the court may exclude | ||||||
20 | the public from a custody hearing, but may
admit any person who | ||||||
21 | has a direct and legitimate interest in the particular
case or | ||||||
22 | a legitimate educational or research interest in the work of | ||||||
23 | the court.
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24 | (d) If the court finds it necessary, in order to protect | ||||||
25 | the child's
welfare,
that the record of any interview, report, |
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1 | investigation, or testimony in a
custody
proceeding be kept | ||||||
2 | secret, the court may make an appropriate order sealing the
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3 | record.
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4 | (e) Previous statements made by the child relating to any | ||||||
5 | allegations
that the child is an abused or neglected child | ||||||
6 | within the meaning of the
Abused and Neglected Child Reporting | ||||||
7 | Act, or an abused or neglected minor
within the meaning of the | ||||||
8 | Juvenile Court Act of 1987, shall be admissible
in evidence in | ||||||
9 | a hearing concerning custody of or visitation with the
child. | ||||||
10 | No such statement, however, if uncorroborated and not subject | ||||||
11 | to
cross-examination, shall be sufficient in itself to support | ||||||
12 | a finding of
abuse or neglect.
| ||||||
13 | (f) Custody and visitation proceedings in which a parent is | ||||||
14 | a member of the United States Armed Forces who is deployed or | ||||||
15 | who has orders to be deployed shall, upon the request of either | ||||||
16 | party or on the court's own motion receive expedited priority | ||||||
17 | in being set for hearing. | ||||||
18 | (g) In any custody or visitation proceeding in which a | ||||||
19 | parent is a member of the United States Armed Forces who is | ||||||
20 | deployed or who has orders to be deployed, the court shall, | ||||||
21 | upon a request of the service member, permit the deployed | ||||||
22 | parent who is unavailable to appear for the proceeding to | ||||||
23 | testify by telephone, audiovisual means, or other electronic | ||||||
24 | means. The court shall cooperate with the deployed parent in | ||||||
25 | designating an appropriate location for the testimony. | ||||||
26 | (Source: P.A. 87-1081.)
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1 | (750 ILCS 5/607) (from Ch. 40, par. 607)
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2 | Sec. 607. Visitation.
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3 | (a) A parent not granted custody of the child
is entitled | ||||||
4 | to reasonable visitation rights unless the court finds,
after a | ||||||
5 | hearing, that visitation would endanger seriously the child's
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6 | physical, mental, moral or emotional health. If the custodian's | ||||||
7 | street
address is not identified, pursuant to Section 708, the | ||||||
8 | court shall require
the parties to identify reasonable | ||||||
9 | alternative arrangements for visitation
by a non-custodial | ||||||
10 | parent, including but not limited to visitation of the
minor | ||||||
11 | child at the residence of another person or at a local public | ||||||
12 | or
private facility.
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13 | (1) "Visitation" means in-person time spent between a | ||||||
14 | child and the child's parent. In appropriate | ||||||
15 | circumstances, it may include electronic communication | ||||||
16 | under conditions and at times determined by the court. | ||||||
17 | (2) "Electronic communication" means time that a | ||||||
18 | parent spends with his or her child during which the child | ||||||
19 | is not in the parent's actual physical custody, but which | ||||||
20 | is facilitated by the use of communication tools such as | ||||||
21 | the telephone, electronic mail, instant messaging, video | ||||||
22 | conferencing or other wired or wireless technologies via | ||||||
23 | the Internet, or another medium of communication.
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24 | (a-3) Grandparents, great-grandparents, and siblings of a | ||||||
25 | minor child, who is one year old or older, have standing to |
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1 | bring an action in circuit court by petition, requesting | ||||||
2 | visitation in accordance with this Section. The term "sibling" | ||||||
3 | in this Section means a brother, sister, stepbrother, or | ||||||
4 | stepsister of the minor child. Grandparents, | ||||||
5 | great-grandparents, and siblings also have standing to file a | ||||||
6 | petition for visitation and any electronic communication
| ||||||
7 | rights in a pending dissolution proceeding or any other | ||||||
8 | proceeding that involves custody or visitation issues, | ||||||
9 | requesting visitation in accordance with this Section. A | ||||||
10 | petition for visitation with a child by a person other than a | ||||||
11 | parent must be filed in the county in which the child resides. | ||||||
12 | Nothing in this subsection (a-3) and subsection (a-5) of this | ||||||
13 | Section shall apply to a child in whose interests a petition is | ||||||
14 | pending under Section 2-13 of the Juvenile Court Act of 1987 or | ||||||
15 | a petition to adopt an unrelated child is pending under the | ||||||
16 | Adoption Act. | ||||||
17 | (a-5)(1) Except as otherwise provided in this subsection | ||||||
18 | (a-5), any grandparent, great-grandparent, or sibling may file | ||||||
19 | a
petition for
visitation rights to a minor child if there is | ||||||
20 | an unreasonable denial of visitation by a parent and at least | ||||||
21 | one
of the
following conditions exists: | ||||||
22 | (A) (Blank); | ||||||
23 | (A-5) the child's other parent is deceased or has been | ||||||
24 | missing for at least 3 months. For the purposes of this | ||||||
25 | Section a parent is considered to be missing if the | ||||||
26 | parent's location has not been determined and the parent |
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1 | has been reported as missing to a law enforcement agency;
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2 | (A-10) a parent of the child is incompetent as a matter | ||||||
3 | of law;
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4 | (A-15) a parent has been incarcerated in jail or prison | ||||||
5 | during the 3 month period preceding the filing of the | ||||||
6 | petition;
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7 | (B) the child's mother and father are divorced or have | ||||||
8 | been legally separated from
each other or there is pending | ||||||
9 | a dissolution proceeding involving a parent of the child or | ||||||
10 | another court proceeding involving custody or visitation | ||||||
11 | of the child (other than any adoption proceeding of an | ||||||
12 | unrelated child) and at least one parent does not object to | ||||||
13 | the grandparent, great-grandparent, or sibling having | ||||||
14 | visitation with the child. The visitation of the | ||||||
15 | grandparent, great-grandparent, or sibling must not | ||||||
16 | diminish the visitation of the parent who is not related to | ||||||
17 | the grandparent, great-grandparent, or sibling seeking | ||||||
18 | visitation; | ||||||
19 | (C) (Blank); | ||||||
20 | (D) the child is born out of wedlock, the parents are | ||||||
21 | not living together, and the petitioner is a maternal | ||||||
22 | grandparent, great-grandparent, or sibling of the child | ||||||
23 | born out of wedlock; or | ||||||
24 | (E) the child is born out of wedlock, the parents are | ||||||
25 | not living together, the petitioner is a paternal | ||||||
26 | grandparent, great-grandparent, or sibling, and the |
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1 | paternity has been established by a court of competent | ||||||
2 | jurisdiction. | ||||||
3 | (2) Any visitation rights granted pursuant to this Section | ||||||
4 | before the filing of a petition for adoption of a child shall | ||||||
5 | automatically terminate by operation of law upon the entry of | ||||||
6 | an order terminating parental rights or granting the adoption | ||||||
7 | of the child, whichever is earlier. If the person or persons | ||||||
8 | who adopted the child are related to the child, as defined by | ||||||
9 | Section 1 of the Adoption Act, any person who was related to | ||||||
10 | the child as grandparent, great-grandparent, or sibling prior | ||||||
11 | to the adoption shall have standing to bring an action pursuant | ||||||
12 | to this Section requesting visitation with the child.
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13 | (3) In making a determination under this subsection (a-5), | ||||||
14 | there is a
rebuttable
presumption that a fit parent's actions | ||||||
15 | and decisions regarding grandparent,
great-grandparent, or | ||||||
16 | sibling visitation are not harmful to the child's mental, | ||||||
17 | physical, or emotional health. The
burden is on the
party | ||||||
18 | filing a petition under this Section to prove that the
parent's | ||||||
19 | actions and
decisions regarding visitation times are harmful to | ||||||
20 | the child's mental, physical, or emotional health. | ||||||
21 | (4) In determining whether to grant visitation, the court | ||||||
22 | shall consider the following:
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23 | (A) the preference of the child if the child is | ||||||
24 | determined to be of sufficient maturity to express a | ||||||
25 | preference; | ||||||
26 | (B) the mental and physical health of the child; |
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1 | (C) the mental and physical health of the grandparent, | ||||||
2 | great-grandparent, or sibling; | ||||||
3 | (D) the length and quality of the prior relationship | ||||||
4 | between the child and the grandparent, great-grandparent, | ||||||
5 | or sibling;
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6 | (E) the good faith of the party in filing the petition;
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7 | (F) the good faith of the person denying visitation; | ||||||
8 | (G) the quantity of the visitation time requested and | ||||||
9 | the potential adverse impact that visitation would have on | ||||||
10 | the child's customary activities; | ||||||
11 | (H) whether the child resided with the petitioner for | ||||||
12 | at least
6 consecutive months with or without the current | ||||||
13 | custodian present; | ||||||
14 | (I) whether the petitioner had frequent or regular | ||||||
15 | contact or visitation with the child for at least 12 | ||||||
16 | consecutive months;
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17 | (J) any other fact that establishes that the loss of | ||||||
18 | the relationship between the petitioner and the child is | ||||||
19 | likely to harm the child's mental, physical, or emotional | ||||||
20 | health; and | ||||||
21 | (K) whether the grandparent, great-grandparent, or | ||||||
22 | sibling was a primary caretaker of the child for a period | ||||||
23 | of not less than 6 consecutive months.
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24 | (5) The court may order visitation rights for the | ||||||
25 | grandparent, great-grandparent, or sibling that include | ||||||
26 | reasonable access without requiring overnight or possessory |
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1 | visitation.
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2 | (a-7)(1) Unless by stipulation of the parties, no motion to | ||||||
3 | modify a grandparent, great-grandparent, or sibling visitation | ||||||
4 | order may be made earlier than 2 years after the date the order | ||||||
5 | was filed, unless the court permits it to be made on the basis | ||||||
6 | of affidavits that there is reason to believe the child's | ||||||
7 | present environment may endanger seriously the child's mental, | ||||||
8 | physical, or emotional health. | ||||||
9 | (2) The court shall not modify an order that grants | ||||||
10 | visitation to a grandparent, great-grandparent, or sibling | ||||||
11 | unless it finds by clear and convincing evidence, upon the | ||||||
12 | basis of facts that have arisen since the prior visitation | ||||||
13 | order or that were unknown to the court at the time of entry of | ||||||
14 | the prior visitation, that a change has occurred in the | ||||||
15 | circumstances of the child or his or her custodian, and that | ||||||
16 | the modification is necessary to protect the mental, physical, | ||||||
17 | or emotional health of the child. The court shall state in its | ||||||
18 | decision specific findings of fact in support of its | ||||||
19 | modification or termination of the grandparent, | ||||||
20 | great-grandparent, or sibling visitation. A child's parent may | ||||||
21 | always petition to modify visitation upon changed | ||||||
22 | circumstances when necessary to promote the child's best | ||||||
23 | interest. | ||||||
24 | (3) Attorney fees and costs shall be assessed against a | ||||||
25 | party seeking modification of the visitation order if the court | ||||||
26 | finds that the modification action is vexatious and constitutes |
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1 | harassment. | ||||||
2 | (4) Notice under this subsection (a-7) shall be given as | ||||||
3 | provided in subsections (c) and (d) of Section 601.
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4 | (b) (1) (Blank.)
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5 | (1.5) The Court may grant reasonable visitation privileges | ||||||
6 | to a stepparent
upon petition to the court by the stepparent, | ||||||
7 | with notice to the parties
required to be notified under | ||||||
8 | Section 601 of this Act, if the court determines
that it is in | ||||||
9 | the best interests and welfare of the child, and may issue any
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10 | necessary orders to enforce those visitation privileges.
A | ||||||
11 | petition for visitation privileges may be filed under this | ||||||
12 | paragraph (1.5)
whether or not a petition pursuant to this Act | ||||||
13 | has been previously filed or is
currently pending if the | ||||||
14 | following
circumstances are met:
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15 | (A) the child is at least 12 years old;
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16 | (B) the child resided continuously with the parent and | ||||||
17 | stepparent for at
least 5 years;
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18 | (C) the parent is deceased or is disabled and is unable | ||||||
19 | to care for the
child;
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20 | (D) the child wishes to have reasonable visitation with | ||||||
21 | the stepparent;
and
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22 | (E) the stepparent was providing for the care, control, | ||||||
23 | and welfare to the
child prior to the initiation of the | ||||||
24 | petition for visitation.
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25 | (2)(A) A petition for visitation privileges shall not be | ||||||
26 | filed pursuant
to this subsection (b) by the parents or |
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1 | grandparents of a putative father
if the paternity of the | ||||||
2 | putative father has not been legally established.
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3 | (B) A petition for visitation privileges may not be filed | ||||||
4 | under
this subsection (b) if the child who is the subject of | ||||||
5 | the
grandparents' or great-grandparents' petition has been | ||||||
6 | voluntarily
surrendered by the parent or parents, except for a | ||||||
7 | surrender to the
Illinois Department of Children and Family | ||||||
8 | Services or a foster care
facility, or has been previously | ||||||
9 | adopted by an individual or individuals
who are not related to | ||||||
10 | the biological parents of the child or is the
subject of a | ||||||
11 | pending adoption petition by an individual or individuals who
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12 | are not related to the biological parents of the child.
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13 | (3) (Blank).
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14 | (c) The court may modify an order granting or denying | ||||||
15 | visitation
rights of a parent whenever modification would serve | ||||||
16 | the best interest of
the child;
but the court shall not | ||||||
17 | restrict a parent's visitation rights unless it
finds that the | ||||||
18 | visitation would endanger seriously the child's physical,
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19 | mental, moral or emotional health.
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20 | (d) If any court has entered an order prohibiting a | ||||||
21 | non-custodial parent
of a child from any contact with a child
| ||||||
22 | or restricting the non-custodial parent's contact with the | ||||||
23 | child, the
following provisions shall apply:
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24 | (1) If an order has been entered granting visitation | ||||||
25 | privileges with the
child to a grandparent or | ||||||
26 | great-grandparent who is related to the child through
the |
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1 | non-custodial parent, the visitation privileges of the | ||||||
2 | grandparent or
great-grandparent may be revoked if:
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3 | (i) a court has entered an order prohibiting the | ||||||
4 | non-custodial parent
from any contact with the child, | ||||||
5 | and the grandparent or great-grandparent is
found to | ||||||
6 | have used his or her visitation privileges to | ||||||
7 | facilitate contact
between the child and the | ||||||
8 | non-custodial parent; or
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9 | (ii) a court has entered an order restricting the | ||||||
10 | non-custodial parent's
contact with the child, and the | ||||||
11 | grandparent or great-grandparent is found to
have used | ||||||
12 | his or her visitation privileges to facilitate contact
| ||||||
13 | between the child and the non-custodial parent in a | ||||||
14 | manner that violates the
terms of the order restricting | ||||||
15 | the non-custodial parent's contact with the
child.
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16 | Nothing in this subdivision (1) limits the authority of | ||||||
17 | the court to
enforce its orders in any manner permitted by | ||||||
18 | law.
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19 | (2) Any order granting visitation privileges with the | ||||||
20 | child to a
grandparent or great-grandparent who is related | ||||||
21 | to the child through the
non-custodial parent shall contain | ||||||
22 | the following provision:
| ||||||
23 | "If the (grandparent or great-grandparent, whichever | ||||||
24 | is applicable) who has
been granted visitation privileges | ||||||
25 | under this order uses the visitation
privileges to | ||||||
26 | facilitate contact between the child and the child's
|
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1 | non-custodial parent, the visitation privileges granted | ||||||
2 | under this order shall
be permanently revoked."
| ||||||
3 | (e) No parent, not granted custody of the child, or | ||||||
4 | grandparent, or
great-grandparent, or stepparent, or sibling | ||||||
5 | of any minor child, convicted
of any offense
involving an | ||||||
6 | illegal sex act perpetrated upon a victim less than 18 years of
| ||||||
7 | age including but not limited to offenses for violations of | ||||||
8 | Article 12 of the
Criminal Code of 1961, is entitled to | ||||||
9 | visitation rights while incarcerated
or while on parole, | ||||||
10 | probation, conditional discharge, periodic
imprisonment, or
| ||||||
11 | mandatory supervised release for that offense, and upon | ||||||
12 | discharge from
incarceration for a misdemeanor offense or upon | ||||||
13 | discharge from parole,
probation, conditional discharge, | ||||||
14 | periodic imprisonment,
or mandatory supervised release for a | ||||||
15 | felony offense, visitation shall be
denied until the person | ||||||
16 | successfully completes a treatment program approved
by the | ||||||
17 | court.
| ||||||
18 | (f) Unless the court determines, after considering all | ||||||
19 | relevant factors,
including but not limited to those set forth | ||||||
20 | in Section 602(a), that it would
be in the best interests of | ||||||
21 | the child to allow visitation, the court shall not
enter an | ||||||
22 | order providing visitation rights and pursuant to a motion to | ||||||
23 | modify
visitation shall revoke visitation rights previously | ||||||
24 | granted to any
person who would otherwise be entitled to | ||||||
25 | petition for visitation rights under
this Section who has been | ||||||
26 | convicted of first degree murder of the parent,
grandparent, |
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1 | great-grandparent, or sibling of the child who is the subject | ||||||
2 | of
the order. Until an order is entered pursuant to this | ||||||
3 | subsection, no person
shall visit, with
the child present, a | ||||||
4 | person who has been convicted of first degree murder of
the | ||||||
5 | parent, grandparent, great-grandparent, or sibling of the | ||||||
6 | child
without the consent of the child's parent, other than a | ||||||
7 | parent convicted of
first degree murder as set forth herein, or | ||||||
8 | legal
guardian.
| ||||||
9 | (g) (Blank).
| ||||||
10 | (h) Upon motion, the court may allow a parent who is | ||||||
11 | deployed or who has orders to be deployed as a member of the | ||||||
12 | United States Armed Forces to designate a person known to the | ||||||
13 | child to exercise reasonable substitute visitation on behalf of | ||||||
14 | the deployed parent, if the court determines that substitute | ||||||
15 | visitation is in the best interest of the child. | ||||||
16 | (Source: P.A. 96-331, eff. 1-1-10 .)
| ||||||
17 | (750 ILCS 5/610) (from Ch. 40, par. 610)
| ||||||
18 | Sec. 610. Modification.
| ||||||
19 | (a) Unless by stipulation of the parties or except as | ||||||
20 | provided in subsection (a-5), no motion
to modify a custody | ||||||
21 | judgment may be made earlier than 2 years after its
date, | ||||||
22 | unless the court permits it to be made on the basis of | ||||||
23 | affidavits
that there is reason to believe the child's present | ||||||
24 | environment may endanger
seriously his physical, mental, moral | ||||||
25 | or emotional health.
|
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| |||||||
1 | (a-5) A motion to modify a custody judgment may be made at | ||||||
2 | any time by a party who has been informed of the existence of | ||||||
3 | facts requiring notice to be given under Section 609.5.
| ||||||
4 | (b) The court shall not modify a prior custody judgment | ||||||
5 | unless it finds by
clear and convincing evidence, upon the | ||||||
6 | basis of facts that have arisen since
the prior judgment or | ||||||
7 | that were unknown to the court at the time of entry of
the | ||||||
8 | prior judgment, that a change has occurred in the circumstances | ||||||
9 | of the
child or his custodian, or in the case of a joint | ||||||
10 | custody arrangement that a
change has occurred in the | ||||||
11 | circumstances of the child or either or both parties
having | ||||||
12 | custody, and that the modification is necessary to serve the | ||||||
13 | best
interest of the child. The existence of facts requiring | ||||||
14 | notice to be given under Section 609.5 of this Act shall be | ||||||
15 | considered a change in circumstance. In the case of joint | ||||||
16 | custody, if the parties agree to a
termination of a joint | ||||||
17 | custody arrangement, the court shall so terminate the
joint | ||||||
18 | custody and make any modification which is in the child's best | ||||||
19 | interest.
The court shall state in its decision specific | ||||||
20 | findings of fact in support of
its modification or termination | ||||||
21 | of joint custody if either parent opposes the
modification or | ||||||
22 | termination.
| ||||||
23 | (c) Attorney fees and costs shall be assessed against a | ||||||
24 | party seeking
modification if the court finds that the | ||||||
25 | modification action is vexatious
and constitutes harassment.
| ||||||
26 | (d) Notice under this Section shall be given as provided in
|
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| |||||||
1 | subsections (c) and (d) of Section 601.
| ||||||
2 | (e) (Blank). A party's absence, relocation, or failure to | ||||||
3 | comply with the court's orders on custody, visitation, or | ||||||
4 | parenting time may not, by itself, be sufficient to justify a | ||||||
5 | modification of a prior order if the reason for the absence, | ||||||
6 | relocation, or failure to comply is the party's deployment as a | ||||||
7 | member of the United States Armed Forces. | ||||||
8 | (f) A court may only provide for a temporary modification | ||||||
9 | of a custody or visitation order during a period of a parent's | ||||||
10 | deployment by the United States Armed Forces in order to make | ||||||
11 | reasonable accommodations necessitated by the deployment. The | ||||||
12 | temporary order shall specify that deployment is the basis for | ||||||
13 | the order and shall include provisions for: | ||||||
14 | (1) custody or reasonable visitation during a period of | ||||||
15 | leave granted to the deployed parent if the custody or | ||||||
16 | reasonable visitation is in the child's best interest; | ||||||
17 | (2) the court's reservation of jurisdiction to modify | ||||||
18 | or terminate the temporary modification order upon the | ||||||
19 | termination of the deployed parent's deployment upon such | ||||||
20 | terms and conditions as the court may deem necessary to | ||||||
21 | serve the child's best interest at the time of the | ||||||
22 | termination of the deployment. | ||||||
23 | (g) A party's past, current, or possible future absence or | ||||||
24 | relocation, or failure to comply with the court's orders on | ||||||
25 | custody, visitation, or parenting time may not, by itself, be | ||||||
26 | sufficient to justify a modification of a prior order if the |
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1 | reason for the absence, relocation or failure to comply is the | ||||||
2 | party's deployment as a member of the United States Armed | ||||||
3 | Forces. | ||||||
4 | (Source: P.A. 96-676, eff. 1-1-10.)
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