97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2225

 

Introduced , by Rep. Tom Cross

 

SYNOPSIS AS INTRODUCED:
 
750 ILCS 5/601  from Ch. 40, par. 601

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


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A BILL FOR

 

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1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Marriage and Dissolution of
5Marriage Act is amended by changing Section 601 as follows:
 
6    (750 ILCS 5/601)  (from Ch. 40, par. 601)
7    Sec. 601. Jurisdiction; Commencement of Proceeding.
8    (a) A court of this State competent to decide child custody
9matters has jurisdiction to make a child custody determination
10in original or modification proceedings as provided in Section
11201 of the the Uniform Child-Custody Jurisdiction and
12Enforcement Act as adopted by this State.
13    (b) A child custody proceeding is commenced in the court:
14        (1) by a parent, by filing a petition:
15            (i) for dissolution of marriage or legal
16        separation or declaration of invalidity of marriage;
17        or
18            (ii) for custody of the child, in the county in
19        which he is permanently resident or found;
20        (2) by a person other than a parent, by filing a
21    petition for custody of the child in the county in which he
22    is permanently resident or found, but only if he is not in
23    the physical custody of one of his parents; or

 

 

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1        (3) by a stepparent, by filing a petition, if all of
2    the following circumstances are met:
3            (A) the child is at least 12 years old;
4            (B) the custodial parent and stepparent were
5        married for at least 5 years during which the child
6        resided with the parent and stepparent;
7            (C) the custodial parent is deceased or is disabled
8        and cannot perform the duties of a parent to the child;
9            (D) the stepparent provided for the care, control,
10        and welfare to the child prior to the initiation of
11        custody proceedings;
12            (E) the child wishes to live with the stepparent;
13        and
14            (F) it is alleged to be in the best interests and
15        welfare of the child to live with the stepparent as
16        provided in Section 602 of this Act.
17        (4) When one of the parents is deceased, by a
18    grandparent who is a parent or stepparent of a deceased
19    parent, by filing a petition, if one or more of the
20    following existed at the time of the parent's death:
21            (A) the surviving parent had been absent from the
22        marital abode for more than one month without the
23        deceased spouse knowing his or her whereabouts;
24            (B) the surviving parent was in State or federal
25        custody; or
26            (C) the surviving parent had: (i) received

 

 

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1        supervision for or been convicted of any violation of
2        Article 12 of the Criminal Code of 1961 directed
3        towards the deceased parent or the child; or (ii)
4        received supervision or been convicted of violating an
5        order of protection entered under Section 217, 218, or
6        219 of the Illinois Domestic Violence Act of 1986 for
7        the protection of the deceased parent or the child.
8    (c) Notice of a child custody proceeding, including an
9action for modification of a previous custody order, shall be
10given to the child's parents, guardian and custodian, who may
11appear, be heard, and file a responsive pleading. The court,
12upon showing of good cause, may permit intervention of other
13interested parties.
14    (d) Proceedings for modification of a previous custody
15order commenced more than 30 days following the entry of a
16previous custody order must be initiated by serving a written
17notice and a copy of the petition for modification upon the
18child's parent, guardian and custodian at least 30 days prior
19to hearing on the petition. Nothing in this Section shall
20preclude a party in custody modification proceedings from
21moving for a temporary order under Section 603 of this Act.
22    (e) (Blank).
23    (f) The court shall, at the court's discretion or upon the
24request of any party entitled to petition for custody of the
25child, appoint a guardian ad litem to represent the best
26interest of the child for the duration of the custody

 

 

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1proceeding or for any modifications of any custody orders
2entered. Nothing in this Section shall be construed to prevent
3the court from appointing the same guardian ad litem for 2 or
4more children that are siblings or half-siblings.
5(Source: P.A. 93-108, eff. 1-1-04; 93-1026, eff. 1-1-05.)