Full Text of HB5196 93rd General Assembly
HB5196 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB5196
Introduced 02/05/04, by Robert F. Flider SYNOPSIS AS INTRODUCED: |
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750 ILCS 5/607 |
from Ch. 40, par. 607 |
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Amends the Illinois Marriage and Dissolution of Marriage Act. Adds to the list of circumstances under which grandparents, great-grandparents, or siblings can file a petition for visitation: (i) the deceased parent's last will and testament or a notarized document state that there shall be reasonable visitation; (ii) the grandparents,
great-grandparents, or sibling demonstrate that they were an active part of the grandchild's life, with past routine visitation; (iii) the grandparents,
great-grandparents, or sibling provided some care for the child prior to the initiation of the visitation proceedings; or (iv) the child wishes to have visitation with the grandparents,
great-grandparents, or sibling. Provides that any grandparent, great-grandparent, or sibling who has custody or is the legal guardian of a child shall not interfere with visitation privileges of the grandparents, great-grandparents, or siblings who are not the child's custodian or guardian if the court rules it is in the best interest of the child to have reasonable visitation.
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A BILL FOR
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HB5196 |
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LRB093 16580 LCB 42229 b |
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| AN ACT concerning visitation.
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| Be it enacted by the People of the State of Illinois,
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| 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 607 as follows:
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| (750 ILCS 5/607) (from Ch. 40, par. 607)
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| Sec. 607. Visitation.
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| (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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| 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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| (b) (1) The court may grant reasonable visitation | 19 |
| privileges to a
grandparent, great-grandparent, or sibling of | 20 |
| any minor child upon petition
to the court by the grandparents | 21 |
| or great-grandparents or on behalf of the
sibling, with notice | 22 |
| to the parties required to be notified under Section
601 of | 23 |
| this Act, if the court determines that it is in the
best | 24 |
| interests and welfare of the child, and may issue any necessary | 25 |
| orders
to enforce such visitation privileges. Except as | 26 |
| provided in
paragraph (2) of this subsection (b), a petition | 27 |
| for visitation
privileges may be filed under this paragraph (1)
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| whether or not a
petition pursuant to this Act has been | 29 |
| previously filed or is
currently pending
if one or more of the | 30 |
| following circumstances exist:
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| (A) the parents are not currently cohabiting on a | 32 |
| permanent or an
indefinite basis;
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| (B) one of the parents has been absent from the marital | 2 |
| abode for more
than one month without the spouse knowing | 3 |
| his or her whereabouts;
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| (C) one of the parents is deceased;
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| (D) one of the parents joins in the petition with the | 6 |
| grandparents,
great-grandparents, or sibling; or
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| (E) a sibling is in State custody ;
. | 8 |
| (F) the deceased parent's last will and testament or a | 9 |
| notarized document states that there shall be reasonable | 10 |
| visitation; | 11 |
| (G) the grandparents,
great-grandparents, or sibling | 12 |
| demonstrate that they were an active part of the | 13 |
| grandchild's life, with past routine visitation; | 14 |
| (H) the grandparents,
great-grandparents, or sibling | 15 |
| provided some care for the child prior to the initiation of | 16 |
| the visitation proceedings; or | 17 |
| (I) the child wishes to have visitation with the | 18 |
| grandparents,
great-grandparents, or sibling. | 19 |
| (1.3) Any grandparent, great-grandparent, or sibling who | 20 |
| has custody or is the legal guardian of a child shall not | 21 |
| interfere with visitation privileges of the grandparents, | 22 |
| great-grandparents, or siblings who are not the child's | 23 |
| custodian or guardian if the court rules it is in the best | 24 |
| interest of the child to have reasonable visitation.
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| (1.5) The Court may grant reasonable visitation privileges | 26 |
| to a stepparent
upon petition to the court by the stepparent, | 27 |
| with notice to the parties
required to be notified under | 28 |
| Section 601 of this Act, if the court determines
that it is in | 29 |
| the best interests and welfare of the child, and may issue any
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| necessary orders to enforce those visitation privileges.
A | 31 |
| petition for visitation privileges may be filed under this | 32 |
| paragraph (1.5)
whether or not a petition pursuant to this Act | 33 |
| has been previously filed or is
currently pending if the | 34 |
| following
circumstances are met:
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| (A) the child is at least 12 years old;
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| (B) the child resided continuously with the parent and |
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| stepparent for at
least 5 years;
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| (C) the parent is deceased or is disabled and is unable | 3 |
| to care for the
child;
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| (D) the child wishes to have reasonable visitation with | 5 |
| the stepparent;
and
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| (E) the stepparent was providing for the care, control, | 7 |
| and welfare to the
child prior to the initiation of the | 8 |
| petition for visitation.
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| (2)(A) A petition for visitation privileges shall not be | 10 |
| filed pursuant
to this subsection (b) by the parents or | 11 |
| grandparents of a putative father
if the paternity of the | 12 |
| putative father has not been legally established.
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| (B) A petition for visitation privileges may not be filed | 14 |
| under
this subsection (b) if the child who is the subject of | 15 |
| the
grandparents' or great-grandparents' petition has been | 16 |
| voluntarily
surrendered by the parent or parents, except for a | 17 |
| surrender to the
Illinois Department of Children and Family | 18 |
| Services or a foster care
facility, or has been previously | 19 |
| adopted by an individual or individuals
who are not related to | 20 |
| the biological parents of the child or is the
subject of a | 21 |
| pending adoption petition by an individual or individuals who
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| are not related to the biological parents of the child.
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| (3) When one parent is deceased, the surviving parent shall | 24 |
| not
interfere with the visitation rights of the grandparents.
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| (c) The court may modify an order granting or denying | 26 |
| visitation
rights of a parent whenever modification would serve | 27 |
| the best interest of
the child;
but the court shall not | 28 |
| restrict a parent's visitation rights unless it
finds that the | 29 |
| visitation would endanger seriously the child's physical,
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| mental, moral or emotional health.
The court may modify an | 31 |
| order granting, denying, or limiting visitation
rights of a | 32 |
| grandparent, great-grandparent, or sibling of any minor child
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| whenever a change of circumstances has occurred based on facts | 34 |
| occurring
subsequent to the judgment and the court finds by | 35 |
| clear and convincing evidence
that the modification is in the | 36 |
| best interest of the minor child.
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| (d) If any court has entered an order prohibiting a | 2 |
| non-custodial parent
of a child from any contact with a child
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| or restricting the non-custodial parent's contact with the | 4 |
| child, the
following provisions shall apply:
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| (1) If an order has been entered granting visitation | 6 |
| privileges with the
child to a grandparent or | 7 |
| great-grandparent who is related to the child through
the | 8 |
| non-custodial parent, the visitation privileges of the | 9 |
| grandparent or
great-grandparent may be revoked if:
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| (i) a court has entered an order prohibiting the | 11 |
| non-custodial parent
from any contact with the child, | 12 |
| and the grandparent or great-grandparent is
found to | 13 |
| have used his or her visitation privileges to | 14 |
| facilitate contact
between the child and the | 15 |
| non-custodial parent; or
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| (ii) a court has entered an order restricting the | 17 |
| non-custodial parent's
contact with the child, and the | 18 |
| grandparent or great-grandparent is found to
have used | 19 |
| his or her visitation privileges to facilitate contact
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| between the child and the non-custodial parent in a | 21 |
| manner that violates the
terms of the order restricting | 22 |
| the non-custodial parent's contact with the
child.
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| Nothing in this subdivision (1) limits the authority of | 24 |
| the court to
enforce its orders in any manner permitted by | 25 |
| law.
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| (2) Any order granting visitation privileges with the | 27 |
| child to a
grandparent or great-grandparent who is related | 28 |
| to the child through the
non-custodial parent shall contain | 29 |
| the following provision:
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| "If the (grandparent or great-grandparent, whichever | 31 |
| is applicable) who has
been granted visitation privileges | 32 |
| under this order uses the visitation
privileges to | 33 |
| facilitate contact between the child and the child's
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| non-custodial parent, the visitation privileges granted | 35 |
| under this order shall
be permanently revoked."
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| (e) No parent, not granted custody of the child, or |
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| grandparent, or
great-grandparent, or stepparent, or sibling | 2 |
| of any minor child, convicted
of any offense
involving an | 3 |
| illegal sex act perpetrated upon a victim less than 18 years of
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| age including but not limited to offenses for violations of | 5 |
| Article 12 of the
Criminal Code of 1961, is entitled to | 6 |
| visitation rights while incarcerated
or while on parole, | 7 |
| probation, conditional discharge, periodic
imprisonment, or
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| mandatory supervised release for that offense, and upon | 9 |
| discharge from
incarceration for a misdemeanor offense or upon | 10 |
| discharge from parole,
probation, conditional discharge, | 11 |
| periodic imprisonment,
or mandatory supervised release for a | 12 |
| felony offense, visitation shall be
denied until the person | 13 |
| successfully completes a treatment program approved
by the | 14 |
| court.
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| (f) Unless the court determines, after considering all | 16 |
| relevant factors,
including but not limited to those set forth | 17 |
| in Section 602(a), that it would
be in the best interests of | 18 |
| the child to allow visitation, the court shall not
enter an | 19 |
| order providing visitation rights and pursuant to a motion to | 20 |
| modify
visitation shall revoke visitation rights previously | 21 |
| granted to any
person who would otherwise be entitled to | 22 |
| petition for visitation rights under
this Section who has been | 23 |
| convicted of first degree murder of the parent,
grandparent, | 24 |
| great-grandparent, or sibling of the child who is the subject | 25 |
| of
the order. Until an order is entered pursuant to this | 26 |
| subsection, no person
shall visit, with
the child present, a | 27 |
| person who has been convicted of first degree murder of
the | 28 |
| parent, grandparent, great-grandparent, or sibling of the | 29 |
| child
without the consent of the child's parent, other than a | 30 |
| parent convicted of
first degree murder as set forth herein, or | 31 |
| legal
guardian.
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| (g) If an order has been entered limiting, for cause, a | 33 |
| minor child's
contact or
visitation with a grandparent, | 34 |
| great-grandparent, or sibling on the grounds
that it was in the | 35 |
| best interest of the child to do so, that order may be
modified | 36 |
| only upon a showing of a substantial change in circumstances |
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| occurring
subsequent to the entry of the order with proof by | 2 |
| clear and convincing
evidence that modification is in the best | 3 |
| interest of the minor child.
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| (Source: P.A. 90-782, eff. 8-14-98; 90-801, eff. 6-1-99; | 5 |
| 91-357, eff.
7-29-99; 91-610, eff. 8-19-99 .)
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