Full Text of HB2095 94th General Assembly
HB2095 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2095
Introduced 2/14/2005, by Rep. Michael J. Madigan - Barbara Flynn Currie - Robert S. Molaro SYNOPSIS AS INTRODUCED: |
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750 ILCS 5/601 |
from Ch. 40, par. 601 |
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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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HB2095 |
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LRB094 03051 RLC 33052 b |
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| AN ACT concerning civil law.
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| Be it enacted by the People of the State of Illinois, | 3 |
| represented in the General Assembly:
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| Section 5. The Illinois Marriage and Dissolution of | 5 |
| 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 | 9 |
| matters has
jurisdiction to make a child custody determination | 10 |
| in original or modification
proceedings as provided in Section | 11 |
| 201 of the
the Uniform
Child-Custody Jurisdiction and | 12 |
| Enforcement Act as
adopted by this State. | 13 |
| (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 | 16 |
| separation or declaration
of invalidity of marriage; | 17 |
| or
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| (ii) for custody of the child, in the county in | 19 |
| which he is
permanently resident or found;
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| (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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| (3) by a stepparent, by filing a petition, if all of | 25 |
| 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 | 28 |
| married for at least 5
years during which the child | 29 |
| resided with the parent and stepparent;
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| (C) the custodial parent is deceased or is disabled | 31 |
| 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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HB2095 |
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LRB094 03051 RLC 33052 b |
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| and welfare to the
child prior to the initiation of | 2 |
| custody proceedings;
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| (E) the child wishes to live with the stepparent; | 4 |
| and
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| (F) it is alleged to be in the best interests and | 6 |
| welfare of the
child to live with the stepparent as | 7 |
| provided in Section 602 of this Act. | 8 |
| (4) When one of the parents is deceased, by a | 9 |
| grandparent who is a parent or stepparent of a deceased | 10 |
| parent, by filing a petition, if one or more of the | 11 |
| following existed at the time of the parent's death: | 12 |
| (A) the surviving parent had been absent from the | 13 |
| marital abode for more than one month without the | 14 |
| deceased spouse knowing his or her whereabouts; | 15 |
| (B) the surviving parent was in State or federal | 16 |
| custody; or | 17 |
| (C) the surviving parent had: (i) received | 18 |
| supervision for or been convicted of any violation of | 19 |
| Article 12 of the Criminal Code of 1961 directed | 20 |
| towards the deceased parent or the child; or (ii) | 21 |
| received supervision or been convicted of violating an | 22 |
| order of protection entered under Section 217, 218, or | 23 |
| 219 of the Illinois Domestic Violence Act of 1986 for | 24 |
| the protection of the deceased parent or the child.
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| (c) Notice of a child custody proceeding, including an | 26 |
| action
for modification of a previous custody order, shall be | 27 |
| given to the
child's parents, guardian and custodian, who may | 28 |
| appear, be heard, and
file a responsive pleading. The court, | 29 |
| upon showing of good cause, may
permit intervention of other | 30 |
| interested parties.
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| (d) Proceedings for modification of a previous custody | 32 |
| order
commenced more than 30 days following the entry of a | 33 |
| previous custody order
must be initiated by serving a written | 34 |
| notice and a copy of the petition
for modification upon the | 35 |
| child's parent, guardian and custodian at least
30 days prior | 36 |
| to hearing on the petition. Nothing in this Section shall
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LRB094 03051 RLC 33052 b |
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| preclude a party in custody modification proceedings from | 2 |
| moving for a
temporary order under Section 603 of this Act.
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| (e) (Blank). | 4 |
| (f) The court shall, at the court's discretion or upon the | 5 |
| request of any party entitled to petition for custody of the | 6 |
| child, appoint a guardian ad litem to represent the best | 7 |
| interest of the child for the duration of the custody | 8 |
| proceeding or for any modifications of any custody orders | 9 |
| entered. Nothing in this Section shall be construed to prevent | 10 |
| the court from appointing the same guardian ad litem for 2 or | 11 |
| more children that are siblings or half-siblings.
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| (Source: P.A. 93-108, eff. 1-1-04; 93-1026, eff. 1-1-05.)
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