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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 Section 607 as follows:
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6 | (750 ILCS 5/607) (from Ch. 40, par. 607)
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7 | Sec. 607. Visitation.
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8 | (a) A parent not granted custody of the child
is entitled | |||||||||||||||||||
9 | to reasonable visitation rights unless the court finds,
after a | |||||||||||||||||||
10 | hearing, that visitation would endanger seriously the child's
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11 | physical, mental, moral or emotional health. If the custodian's | |||||||||||||||||||
12 | street
address is not identified, pursuant to Section 708, the | |||||||||||||||||||
13 | court shall require
the parties to identify reasonable | |||||||||||||||||||
14 | alternative arrangements for visitation
by a non-custodial | |||||||||||||||||||
15 | parent, including but not limited to visitation of the
minor | |||||||||||||||||||
16 | child at the residence of another person or at a local public | |||||||||||||||||||
17 | or
private facility.
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18 | (1) "Visitation" means in-person time spent between a | |||||||||||||||||||
19 | child and the child's parent. In appropriate | |||||||||||||||||||
20 | circumstances, it may include electronic communication | |||||||||||||||||||
21 | under conditions and at times determined by the court. | |||||||||||||||||||
22 | (2) "Electronic communication" means time that a | |||||||||||||||||||
23 | parent spends with his or her child during which the child |
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1 | is not in the parent's actual physical custody, but which | ||||||
2 | is facilitated by the use of communication tools such as | ||||||
3 | the telephone, electronic mail, instant messaging, video | ||||||
4 | conferencing or other wired or wireless technologies via | ||||||
5 | the Internet, or another medium of communication.
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6 | (a-3) Grandparents, great-grandparents, and siblings of a | ||||||
7 | minor child, who is one year old or older, have standing to | ||||||
8 | bring an action in circuit court by petition, requesting | ||||||
9 | visitation in accordance with this Section. The term "sibling" | ||||||
10 | in this Section means a brother, sister, stepbrother, or | ||||||
11 | stepsister of the minor child. Grandparents, | ||||||
12 | great-grandparents, and siblings also have standing to file a | ||||||
13 | petition for visitation and any electronic communication
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14 | rights in a pending dissolution proceeding or any other | ||||||
15 | proceeding that involves custody or visitation issues, | ||||||
16 | requesting visitation in accordance with this Section. A | ||||||
17 | petition for visitation with a child by a person other than a | ||||||
18 | parent must be filed in the county in which the child resides. | ||||||
19 | Nothing in this subsection (a-3) and subsection (a-5) of this | ||||||
20 | Section shall apply to a child in whose interests a petition is | ||||||
21 | pending under Section 2-13 of the Juvenile Court Act of 1987 or | ||||||
22 | a petition to adopt an unrelated child is pending under the | ||||||
23 | Adoption Act. | ||||||
24 | (a-5)(1) Except as otherwise provided in this subsection | ||||||
25 | (a-5), any grandparent, great-grandparent, or sibling may file | ||||||
26 | a
petition for
visitation rights to a minor child if there is |
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1 | an unreasonable denial of visitation by a parent and at least | ||||||
2 | one
of the
following conditions exists: | ||||||
3 | (A) (Blank); | ||||||
4 | (A-5) the child's other parent is deceased or has been | ||||||
5 | missing for at least 3 months. For the purposes of this | ||||||
6 | Section a parent is considered to be missing if the | ||||||
7 | parent's location has not been determined and the parent | ||||||
8 | has been reported as missing to a law enforcement agency;
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9 | (A-10) a parent of the child is incompetent as a matter | ||||||
10 | of law;
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11 | (A-15) a parent has been incarcerated in jail or prison | ||||||
12 | during the 3 month period preceding the filing of the | ||||||
13 | petition;
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14 | (B) the child's mother and father are divorced or have | ||||||
15 | been legally separated from
each other or there is pending | ||||||
16 | a dissolution proceeding involving a parent of the child or | ||||||
17 | another court proceeding involving custody or visitation | ||||||
18 | of the child (other than any adoption proceeding of an | ||||||
19 | unrelated child) and at least one parent does not object to | ||||||
20 | the grandparent, great-grandparent, or sibling having | ||||||
21 | visitation with the child. The visitation of the | ||||||
22 | grandparent, great-grandparent, or sibling must not | ||||||
23 | diminish the visitation of the parent who is not related to | ||||||
24 | the grandparent, great-grandparent, or sibling seeking | ||||||
25 | visitation; | ||||||
26 | (C) (Blank); |
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1 | (D) the child is born out of wedlock, the parents are | ||||||
2 | not living together, and the petitioner is a maternal | ||||||
3 | grandparent, great-grandparent, or sibling of the child | ||||||
4 | born out of wedlock; or | ||||||
5 | (E) the child is born out of wedlock, the parents are | ||||||
6 | not living together, the petitioner is a paternal | ||||||
7 | grandparent, great-grandparent, or sibling, and the | ||||||
8 | paternity has been established by a court of competent | ||||||
9 | jurisdiction. | ||||||
10 | (1.5) A grandparent may file a petition for reasonable | ||||||
11 | visitation rights to a minor child living in a dual-parent | ||||||
12 | household if there is an unreasonable denial of visitation by a | ||||||
13 | parent and the grandparent has maintained a significant | ||||||
14 | beneficial relationship with the child for a period of 12 | ||||||
15 | months or more immediately preceding the severance of that | ||||||
16 | relationship by the parent. The relationship must have been | ||||||
17 | unreasonably severed by the parent or parents for reasons other | ||||||
18 | than abuse or presence of a danger of substantial harm to the | ||||||
19 | child. A presumption of a significant beneficial relationship | ||||||
20 | arises when: | ||||||
21 | (A) the child resided with the petitioner grandparent | ||||||
22 | for at least 6 consecutive months with or without the | ||||||
23 | current custodian present during the 12-month period; | ||||||
24 | (B) the petitioner grandparent had frequent or regular | ||||||
25 | contact or visitation with the child throughout the | ||||||
26 | 12-month period; or |
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1 | (C) the petitioner grandparent was the primary | ||||||
2 | caretaker of the child for a period or not less than 6 | ||||||
3 | consecutive months within the 12-month period. | ||||||
4 | (2) Any visitation rights granted pursuant to this Section | ||||||
5 | before the filing of a petition for adoption of a child shall | ||||||
6 | automatically terminate by operation of law upon the entry of | ||||||
7 | an order terminating parental rights or granting the adoption | ||||||
8 | of the child, whichever is earlier. If the person or persons | ||||||
9 | who adopted the child are related to the child, as defined by | ||||||
10 | Section 1 of the Adoption Act, any person who was related to | ||||||
11 | the child as grandparent, great-grandparent, or sibling prior | ||||||
12 | to the adoption shall have standing to bring an action pursuant | ||||||
13 | to this Section requesting visitation with the child.
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14 | (3) In making a determination under this subsection (a-5), | ||||||
15 | there is a
rebuttable
presumption that a fit parent's actions | ||||||
16 | and decisions regarding grandparent,
great-grandparent, or | ||||||
17 | sibling visitation are not harmful to the child's mental, | ||||||
18 | physical, or emotional health. The
burden is on the
party | ||||||
19 | filing a petition under this Section to prove that the
parent's | ||||||
20 | actions and
decisions regarding visitation times are harmful to | ||||||
21 | the child's mental, physical, or emotional health. | ||||||
22 | (4) In determining whether to grant visitation, the court | ||||||
23 | shall consider the following:
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24 | (A) the preference of the child if the child is | ||||||
25 | determined to be of sufficient maturity to express a | ||||||
26 | preference; |
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1 | (B) the mental and physical health of the child; | ||||||
2 | (C) the mental and physical health of the grandparent, | ||||||
3 | great-grandparent, or sibling; | ||||||
4 | (D) the length and quality of the prior relationship | ||||||
5 | between the child and the grandparent, great-grandparent, | ||||||
6 | or sibling;
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7 | (E) the good faith of the party in filing the petition;
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8 | (F) the good faith of the person denying visitation; | ||||||
9 | (G) the quantity of the visitation time requested and | ||||||
10 | the potential adverse impact that visitation would have on | ||||||
11 | the child's customary activities; | ||||||
12 | (H) whether the child resided with the petitioner for | ||||||
13 | at least
6 consecutive months with or without the current | ||||||
14 | custodian present; | ||||||
15 | (I) whether the petitioner had frequent or regular | ||||||
16 | contact or visitation with the child for at least 12 | ||||||
17 | consecutive months;
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18 | (J) any other fact that establishes that the loss of | ||||||
19 | the relationship between the petitioner and the child is | ||||||
20 | likely to harm the child's mental, physical, or emotional | ||||||
21 | health; and | ||||||
22 | (K) whether the grandparent, great-grandparent, or | ||||||
23 | sibling was a primary caretaker of the child for a period | ||||||
24 | of not less than 6 consecutive months.
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25 | (5) The court may order visitation rights for the | ||||||
26 | grandparent, great-grandparent, or sibling that include |
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1 | reasonable access without requiring overnight or possessory | ||||||
2 | visitation.
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3 | (a-7)(1) Unless by stipulation of the parties, no motion to | ||||||
4 | modify a grandparent, great-grandparent, or sibling visitation | ||||||
5 | order may be made earlier than 2 years after the date the order | ||||||
6 | was filed, unless the court permits it to be made on the basis | ||||||
7 | of affidavits that there is reason to believe the child's | ||||||
8 | present environment may endanger seriously the child's mental, | ||||||
9 | physical, or emotional health. | ||||||
10 | (2) The court shall not modify an order that grants | ||||||
11 | visitation to a grandparent, great-grandparent, or sibling | ||||||
12 | unless it finds by clear and convincing evidence, upon the | ||||||
13 | basis of facts that have arisen since the prior visitation | ||||||
14 | order or that were unknown to the court at the time of entry of | ||||||
15 | the prior visitation, that a change has occurred in the | ||||||
16 | circumstances of the child or his or her custodian, and that | ||||||
17 | the modification is necessary to protect the mental, physical, | ||||||
18 | or emotional health of the child. The court shall state in its | ||||||
19 | decision specific findings of fact in support of its | ||||||
20 | modification or termination of the grandparent, | ||||||
21 | great-grandparent, or sibling visitation. A child's parent may | ||||||
22 | always petition to modify visitation upon changed | ||||||
23 | circumstances when necessary to promote the child's best | ||||||
24 | interest. | ||||||
25 | (3) Attorney fees and costs shall be assessed against a | ||||||
26 | party seeking modification of the visitation order if the court |
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1 | finds that the modification action is vexatious and constitutes | ||||||
2 | harassment. | ||||||
3 | (4) Notice under this subsection (a-7) shall be given as | ||||||
4 | provided in subsections (c) and (d) of Section 601.
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5 | (b) (1) (Blank.)
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6 | (1.5) The Court may grant reasonable visitation privileges | ||||||
7 | to a stepparent
upon petition to the court by the stepparent, | ||||||
8 | with notice to the parties
required to be notified under | ||||||
9 | Section 601 of this Act, if the court determines
that it is in | ||||||
10 | the best interests and welfare of the child, and may issue any
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11 | necessary orders to enforce those visitation privileges.
A | ||||||
12 | petition for visitation privileges may be filed under this | ||||||
13 | paragraph (1.5)
whether or not a petition pursuant to this Act | ||||||
14 | has been previously filed or is
currently pending if the | ||||||
15 | following
circumstances are met:
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16 | (A) the child is at least 12 years old;
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17 | (B) the child resided continuously with the parent and | ||||||
18 | stepparent for at
least 5 years;
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19 | (C) the parent is deceased or is disabled and is unable | ||||||
20 | to care for the
child;
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21 | (D) the child wishes to have reasonable visitation with | ||||||
22 | the stepparent;
and
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23 | (E) the stepparent was providing for the care, control, | ||||||
24 | and welfare to the
child prior to the initiation of the | ||||||
25 | petition for visitation.
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26 | (2)(A) A petition for visitation privileges shall not be |
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1 | filed pursuant
to this subsection (b) by the parents or | ||||||
2 | grandparents of a putative father
if the paternity of the | ||||||
3 | putative father has not been legally established.
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4 | (B) A petition for visitation privileges may not be filed | ||||||
5 | under
this subsection (b) if the child who is the subject of | ||||||
6 | the
grandparents' or great-grandparents' petition has been | ||||||
7 | voluntarily
surrendered by the parent or parents, except for a | ||||||
8 | surrender to the
Illinois Department of Children and Family | ||||||
9 | Services or a foster care
facility, or has been previously | ||||||
10 | adopted by an individual or individuals
who are not related to | ||||||
11 | the biological parents of the child or is the
subject of a | ||||||
12 | pending adoption petition by an individual or individuals who
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13 | are not related to the biological parents of the child.
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14 | (3) (Blank).
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15 | (c) The court may modify an order granting or denying | ||||||
16 | visitation
rights of a parent whenever modification would serve | ||||||
17 | the best interest of
the child;
but the court shall not | ||||||
18 | restrict a parent's visitation rights unless it
finds that the | ||||||
19 | visitation would endanger seriously the child's physical,
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20 | mental, moral or emotional health.
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21 | (d) If any court has entered an order prohibiting a | ||||||
22 | non-custodial parent
of a child from any contact with a child
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23 | or restricting the non-custodial parent's contact with the | ||||||
24 | child, the
following provisions shall apply:
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25 | (1) If an order has been entered granting visitation | ||||||
26 | privileges with the
child to a grandparent or |
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1 | great-grandparent who is related to the child through
the | ||||||
2 | non-custodial parent, the visitation privileges of the | ||||||
3 | grandparent or
great-grandparent may be revoked if:
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4 | (i) a court has entered an order prohibiting the | ||||||
5 | non-custodial parent
from any contact with the child, | ||||||
6 | and the grandparent or great-grandparent is
found to | ||||||
7 | have used his or her visitation privileges to | ||||||
8 | facilitate contact
between the child and the | ||||||
9 | non-custodial parent; or
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10 | (ii) a court has entered an order restricting the | ||||||
11 | non-custodial parent's
contact with the child, and the | ||||||
12 | grandparent or great-grandparent is found to
have used | ||||||
13 | his or her visitation privileges to facilitate contact
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14 | between the child and the non-custodial parent in a | ||||||
15 | manner that violates the
terms of the order restricting | ||||||
16 | the non-custodial parent's contact with the
child.
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17 | Nothing in this subdivision (1) limits the authority of | ||||||
18 | the court to
enforce its orders in any manner permitted by | ||||||
19 | law.
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20 | (2) Any order granting visitation privileges with the | ||||||
21 | child to a
grandparent or great-grandparent who is related | ||||||
22 | to the child through the
non-custodial parent shall contain | ||||||
23 | the following provision:
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24 | "If the (grandparent or great-grandparent, whichever | ||||||
25 | is applicable) who has
been granted visitation privileges | ||||||
26 | under this order uses the visitation
privileges to |
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1 | facilitate contact between the child and the child's
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2 | non-custodial parent, the visitation privileges granted | ||||||
3 | under this order shall
be permanently revoked."
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4 | (e) No parent, not granted custody of the child, or | ||||||
5 | grandparent, or
great-grandparent, or stepparent, or sibling | ||||||
6 | of any minor child, convicted
of any offense
involving an | ||||||
7 | illegal sex act perpetrated upon a victim less than 18 years of
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8 | age including but not limited to offenses for violations of | ||||||
9 | Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70, | ||||||
10 | or Article 12 of the
Criminal Code of 1961 or the Criminal Code | ||||||
11 | of 2012, is entitled to visitation rights while incarcerated
or | ||||||
12 | while on parole, probation, conditional discharge, periodic
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13 | imprisonment, or
mandatory supervised release for that | ||||||
14 | offense, and upon discharge from
incarceration for a | ||||||
15 | misdemeanor offense or upon discharge from parole,
probation, | ||||||
16 | conditional discharge, periodic imprisonment,
or mandatory | ||||||
17 | supervised release for a felony offense, visitation shall be
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18 | denied until the person successfully completes a treatment | ||||||
19 | program approved
by the court.
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20 | (f) Unless the court determines, after considering all | ||||||
21 | relevant factors,
including but not limited to those set forth | ||||||
22 | in Section 602(a), that it would
be in the best interests of | ||||||
23 | the child to allow visitation, the court shall not
enter an | ||||||
24 | order providing visitation rights and pursuant to a motion to | ||||||
25 | modify
visitation shall revoke visitation rights previously | ||||||
26 | granted to any
person who would otherwise be entitled to |
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1 | petition for visitation rights under
this Section who has been | ||||||
2 | convicted of first degree murder of the parent,
grandparent, | ||||||
3 | great-grandparent, or sibling of the child who is the subject | ||||||
4 | of
the order. Until an order is entered pursuant to this | ||||||
5 | subsection, no person
shall visit, with
the child present, a | ||||||
6 | person who has been convicted of first degree murder of
the | ||||||
7 | parent, grandparent, great-grandparent, or sibling of the | ||||||
8 | child
without the consent of the child's parent, other than a | ||||||
9 | parent convicted of
first degree murder as set forth herein, or | ||||||
10 | legal
guardian.
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11 | (g) (Blank).
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12 | (h) Upon motion, the court may allow a parent who is | ||||||
13 | deployed or who has orders to be deployed as a member of the | ||||||
14 | United States Armed Forces to designate a person known to the | ||||||
15 | child to exercise reasonable substitute visitation on behalf of | ||||||
16 | the deployed parent, if the court determines that substitute | ||||||
17 | visitation is in the best interest of the child. In determining | ||||||
18 | whether substitute visitation is in the best interest of the | ||||||
19 | child, the court shall consider all of the relevant factors | ||||||
20 | listed in subsection (a) of Section 602 and apply those factors | ||||||
21 | to the person designated as a substitute for the deployed | ||||||
22 | parent for visitation purposes. | ||||||
23 | (Source: P.A. 96-331, eff. 1-1-10; 97-659, eff. 6-1-12; | ||||||
24 | 97-1150, eff. 1-25-13 .)
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