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Sen. Patrick Welch
Filed: 5/11/2004
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LRB093 05535 LCB 50762 a |
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| AMENDMENT TO HOUSE BILL 1020
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| AMENDMENT NO. ______. Amend House Bill 1020 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Illinois Marriage and Dissolution of |
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| Marriage Act is amended by changing Section 601 as follows:
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| (750 ILCS 5/601) (from Ch. 40, par. 601)
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| Sec. 601. Jurisdiction; Commencement of Proceeding.
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| (a) A court of this State competent to decide child custody |
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| matters has
jurisdiction to make a child custody determination |
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| in original or modification
proceedings as provided in Section |
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| 201 of the Uniform
Child-Custody Jurisdiction and Enforcement |
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| Act as
adopted by this State.
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| (b) A child custody proceeding is commenced in the court:
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| (1) by a parent, by filing a petition:
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| (i) for dissolution of marriage or legal |
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| separation or declaration
of invalidity of marriage; |
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| or
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| (ii) for custody of the child, in the county in |
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| which he is
permanently resident or found;
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| (2) by a person other than a parent, by filing a |
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| petition for
custody of the child in the county in which he |
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| is permanently resident
or found, but only if he is not in |
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| the physical custody of one of his
parents; or
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LRB093 05535 LCB 50762 a |
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| (3) by a stepparent, by filing a petition, if all of |
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| the following
circumstances are met:
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| (A) the child is at least 12 years old;
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| (B) the custodial parent and stepparent were |
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| married for at least 5
years during which the child |
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| resided with the parent and stepparent;
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| (C) the custodial parent is deceased or is disabled |
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| and cannot perform
the duties of a parent to the child;
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| (D) the stepparent provided for the care, control, |
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| and welfare to the
child prior to the initiation of |
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| custody proceedings;
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| (E) the child wishes to live with the stepparent; |
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| and
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| (F) it is alleged to be in the best interests and |
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| welfare of the
child to live with the stepparent as |
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| provided in Section 602 of this Act. |
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| (4) When one of the parents is deceased, by a |
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| grandparent who is a parent or stepparent of a deceased |
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| parent, if one or more of the following existed at the time |
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| of the parent's death: |
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| (A) the parents were not cohabiting on a permanent |
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| or indefinite basis; |
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| (B) the surviving parent had been absent from the |
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| marital abode for more than one month without the |
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| deceased spouse knowing his or her whereabouts; |
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| (C) the surviving parent was in State or federal |
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| custody; or |
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| (D) the surviving parent had: (i) received |
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| supervision for or been convicted of any violation of |
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| Article 12 of the Criminal Code of 1961 directed |
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| towards the deceased parent or the child; or (ii) |
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| received supervision or been convicted of violating an |
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| order of protection entered under Section 217, 218, or |
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| 219 of the Illinois Domestic Violence Act of 1986 for |
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| the protection of the deceased parent or the child.
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| (c) Notice of a child custody proceeding, including an |
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| action
for modification of a previous custody order, shall be |
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| given to the
child's parents, guardian and custodian, who may |
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| appear, be heard, and
file a responsive pleading. The court, |
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| upon showing of good cause, may
permit intervention of other |
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| interested parties.
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| (d) Proceedings for modification of a previous custody |
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| order
commenced more than 30 days following the entry of a |
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| previous custody order
must be initiated by serving a written |
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| notice and a copy of the petition
for modification upon the |
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| child's parent, guardian and custodian at least
30 days prior |
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| to hearing on the petition. Nothing in this Section shall
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| preclude a party in custody modification proceedings from |
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| moving for a
temporary order under Section 603 of this Act.
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| (e) (Blank). |
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| (f) The court shall, at the court's discretion or upon the |
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| request of any party entitled to petition for custody of the |
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| child, appoint a guardian ad litem to represent the best |
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| interest of the child for the duration of the custody |
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| proceeding or for any modifications of any custody orders |
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| entered. Nothing in this Section shall be construed to prevent |
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| the court from appointing the same guardian ad litem for 2 or |
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| more children that are siblings or half-siblings.
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| (Source: P.A. 93-108, eff. 1-1-04.)".
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