HB1768 98TH GENERAL ASSEMBLY

LRB098 05722 HEP 35761 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB1768

Introduced , by Rep. Tom Cross

SYNOPSIS AS INTRODUCED:

750 ILCS 5/603

from Ch. 40, par. 603

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

A BILL FOR

AN ACT concerning civil law.

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

Section 5. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Section 603 as follows:

(750 ILCS 5/603) (from Ch. 40, par. 603)

Sec. 603. Temporary Orders.

(a) A party to a custody proceeding, including a proceeding to modify custody, may move for a temporary custody order. The The court may award temporary custody under the standards of Section 602, the standards and procedures of Section 602.1, and the provisions of subsection (f) of Section 610 after a hearing, or, if there is no objection, solely on the basis of the affidavits or the agreement of the parties if the court finds that the parties' agreement is in the best interest of the child.

(b) If a proceeding for dissolution of marriage or legal separation or declaration of invalidity of marriage is dismissed, any temporary custody order is vacated unless a parent or the child's custodian moves that the proceeding continue as a custody proceeding and the court finds, after a hearing, that the circumstances of the parents and the best interest of the child requires that a custody judgment be issued.

(c) If a custody proceeding commenced in the absence of a petition for dissolution of marriage or legal separation, under either subparagraph (ii) of paragraph (1), or paragraph (2), of subsection (d) of Section 601, is dismissed, any temporary custody order is vacated.

(Source: P.A. 97-659, eff. 6-1-12.)