Full Text of HB1589 97th General Assembly
HB1589enr 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Marriage and Dissolution of | 5 | | Marriage Act is amended by changing Sections 603, 606, 607, and | 6 | | 610 as follows:
| 7 | | (750 ILCS 5/603) (from Ch. 40, par. 603)
| 8 | | Sec. 603. Temporary Orders.
| 9 | | (a) A party to a custody proceeding, including a proceeding | 10 | | to modify
custody, may move for a temporary custody order. The | 11 | | court may award temporary
custody under the standards of | 12 | | Section 602 , and the standards and procedures of
Section 602.1, | 13 | | and the provisions of subsection (f) of Section 610 after a | 14 | | hearing, or, if there is no objection, solely on the
basis of | 15 | | the affidavits or the agreement of the parties if the court | 16 | | finds that the parties' agreement is in the best interest of | 17 | | the child .
| 18 | | (b) If a proceeding for dissolution of marriage or legal | 19 | | separation or
declaration of invalidity of marriage is | 20 | | dismissed, any temporary custody
order is vacated unless a | 21 | | parent or the child's custodian moves that the
proceeding | 22 | | continue as a custody proceeding and the court finds, after a
| 23 | | hearing, that the circumstances of the parents and the best |
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| 1 | | interest of the
child requires that a custody judgment be | 2 | | issued.
| 3 | | (c) If a custody proceeding commenced in the absence of a | 4 | | petition for
dissolution of marriage or legal separation, under | 5 | | either subparagraph (ii) of
paragraph (1), or paragraph (2), of | 6 | | subsection (d) of Section 601, is
dismissed, any temporary | 7 | | custody order is vacated.
| 8 | | (Source: P.A. 86-530; 87-1255.)
| 9 | | (750 ILCS 5/606) (from Ch. 40, par. 606)
| 10 | | Sec. 606. Hearings.
| 11 | | (a) Custody proceedings shall receive priority in
being set | 12 | | for hearing.
| 13 | | (b) The court may tax as costs the payment of necessary | 14 | | travel and other
expenses incurred by any person whose presence | 15 | | at the hearing the court
deems necessary to determine the best | 16 | | interest of the child.
| 17 | | (c) The court, without a jury, shall determine questions of | 18 | | law and fact.
If it finds that a public hearing may be | 19 | | detrimental to the child's best
interest, the court may exclude | 20 | | the public from a custody hearing, but may
admit any person who | 21 | | has a direct and legitimate interest in the particular
case or | 22 | | a legitimate educational or research interest in the work of | 23 | | the court.
| 24 | | (d) If the court finds it necessary, in order to protect | 25 | | the child's
welfare,
that the record of any interview, report, |
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| 1 | | investigation, or testimony in a
custody
proceeding be kept | 2 | | secret, the court may make an appropriate order sealing the
| 3 | | record.
| 4 | | (e) Previous statements made by the child relating to any | 5 | | allegations
that the child is an abused or neglected child | 6 | | within the meaning of the
Abused and Neglected Child Reporting | 7 | | Act, or an abused or neglected minor
within the meaning of the | 8 | | Juvenile Court Act of 1987, shall be admissible
in evidence in | 9 | | a hearing concerning custody of or visitation with the
child. | 10 | | No such statement, however, if uncorroborated and not subject | 11 | | to
cross-examination, shall be sufficient in itself to support | 12 | | a finding of
abuse or neglect.
| 13 | | (f) Custody and visitation proceedings in which a parent is | 14 | | a member of the United States Armed Forces who is deployed or | 15 | | who has orders to be deployed shall, upon the request of either | 16 | | party or on the court's own motion receive expedited priority | 17 | | in being set for hearing. | 18 | | (g) In any custody or visitation proceeding in which a | 19 | | parent is a member of the United States Armed Forces who is | 20 | | deployed or who has orders to be deployed, the court shall, | 21 | | upon a request of the service member, permit the deployed | 22 | | parent who is unavailable to appear for the proceeding to | 23 | | testify by telephone, audiovisual means, or other electronic | 24 | | means. The court shall cooperate with the deployed parent in | 25 | | designating an appropriate location for the testimony. | 26 | | (Source: P.A. 87-1081.)
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| 1 | | (750 ILCS 5/607) (from Ch. 40, par. 607)
| 2 | | Sec. 607. Visitation.
| 3 | | (a) A parent not granted custody of the child
is entitled | 4 | | to reasonable visitation rights unless the court finds,
after a | 5 | | hearing, that visitation would endanger seriously the child's
| 6 | | physical, mental, moral or emotional health. If the custodian's | 7 | | street
address is not identified, pursuant to Section 708, the | 8 | | court shall require
the parties to identify reasonable | 9 | | alternative arrangements for visitation
by a non-custodial | 10 | | parent, including but not limited to visitation of the
minor | 11 | | child at the residence of another person or at a local public | 12 | | or
private facility.
| 13 | | (1) "Visitation" means in-person time spent between a | 14 | | child and the child's parent. In appropriate | 15 | | circumstances, it may include electronic communication | 16 | | under conditions and at times determined by the court. | 17 | | (2) "Electronic communication" means time that a | 18 | | parent spends with his or her child during which the child | 19 | | is not in the parent's actual physical custody, but which | 20 | | is facilitated by the use of communication tools such as | 21 | | the telephone, electronic mail, instant messaging, video | 22 | | conferencing or other wired or wireless technologies via | 23 | | the Internet, or another medium of communication.
| 24 | | (a-3) Grandparents, great-grandparents, and siblings of a | 25 | | minor child, who is one year old or older, have standing to |
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| 1 | | bring an action in circuit court by petition, requesting | 2 | | visitation in accordance with this Section. The term "sibling" | 3 | | in this Section means a brother, sister, stepbrother, or | 4 | | stepsister of the minor child. Grandparents, | 5 | | great-grandparents, and siblings also have standing to file a | 6 | | petition for visitation and any electronic communication
| 7 | | rights in a pending dissolution proceeding or any other | 8 | | proceeding that involves custody or visitation issues, | 9 | | requesting visitation in accordance with this Section. A | 10 | | petition for visitation with a child by a person other than a | 11 | | parent must be filed in the county in which the child resides. | 12 | | Nothing in this subsection (a-3) and subsection (a-5) of this | 13 | | Section shall apply to a child in whose interests a petition is | 14 | | pending under Section 2-13 of the Juvenile Court Act of 1987 or | 15 | | a petition to adopt an unrelated child is pending under the | 16 | | Adoption Act. | 17 | | (a-5)(1) Except as otherwise provided in this subsection | 18 | | (a-5), any grandparent, great-grandparent, or sibling may file | 19 | | a
petition for
visitation rights to a minor child if there is | 20 | | an unreasonable denial of visitation by a parent and at least | 21 | | one
of the
following conditions exists: | 22 | | (A) (Blank); | 23 | | (A-5) the child's other parent is deceased or has been | 24 | | missing for at least 3 months. For the purposes of this | 25 | | Section a parent is considered to be missing if the | 26 | | parent's location has not been determined and the parent |
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| 1 | | has been reported as missing to a law enforcement agency;
| 2 | | (A-10) a parent of the child is incompetent as a matter | 3 | | of law;
| 4 | | (A-15) a parent has been incarcerated in jail or prison | 5 | | during the 3 month period preceding the filing of the | 6 | | petition;
| 7 | | (B) the child's mother and father are divorced or have | 8 | | been legally separated from
each other or there is pending | 9 | | a dissolution proceeding involving a parent of the child or | 10 | | another court proceeding involving custody or visitation | 11 | | of the child (other than any adoption proceeding of an | 12 | | unrelated child) and at least one parent does not object to | 13 | | the grandparent, great-grandparent, or sibling having | 14 | | visitation with the child. The visitation of the | 15 | | grandparent, great-grandparent, or sibling must not | 16 | | diminish the visitation of the parent who is not related to | 17 | | the grandparent, great-grandparent, or sibling seeking | 18 | | visitation; | 19 | | (C) (Blank); | 20 | | (D) the child is born out of wedlock, the parents are | 21 | | not living together, and the petitioner is a maternal | 22 | | grandparent, great-grandparent, or sibling of the child | 23 | | born out of wedlock; or | 24 | | (E) the child is born out of wedlock, the parents are | 25 | | not living together, the petitioner is a paternal | 26 | | grandparent, great-grandparent, or sibling, and the |
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| 1 | | paternity has been established by a court of competent | 2 | | jurisdiction. | 3 | | (2) Any visitation rights granted pursuant to this Section | 4 | | before the filing of a petition for adoption of a child shall | 5 | | automatically terminate by operation of law upon the entry of | 6 | | an order terminating parental rights or granting the adoption | 7 | | of the child, whichever is earlier. If the person or persons | 8 | | who adopted the child are related to the child, as defined by | 9 | | Section 1 of the Adoption Act, any person who was related to | 10 | | the child as grandparent, great-grandparent, or sibling prior | 11 | | to the adoption shall have standing to bring an action pursuant | 12 | | to this Section requesting visitation with the child.
| 13 | | (3) In making a determination under this subsection (a-5), | 14 | | there is a
rebuttable
presumption that a fit parent's actions | 15 | | and decisions regarding grandparent,
great-grandparent, or | 16 | | sibling visitation are not harmful to the child's mental, | 17 | | physical, or emotional health. The
burden is on the
party | 18 | | filing a petition under this Section to prove that the
parent's | 19 | | actions and
decisions regarding visitation times are harmful to | 20 | | the child's mental, physical, or emotional health. | 21 | | (4) In determining whether to grant visitation, the court | 22 | | shall consider the following:
| 23 | | (A) the preference of the child if the child is | 24 | | determined to be of sufficient maturity to express a | 25 | | preference; | 26 | | (B) the mental and physical health of the child; |
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| 1 | | (C) the mental and physical health of the grandparent, | 2 | | great-grandparent, or sibling; | 3 | | (D) the length and quality of the prior relationship | 4 | | between the child and the grandparent, great-grandparent, | 5 | | or sibling;
| 6 | | (E) the good faith of the party in filing the petition;
| 7 | | (F) the good faith of the person denying visitation; | 8 | | (G) the quantity of the visitation time requested and | 9 | | the potential adverse impact that visitation would have on | 10 | | the child's customary activities; | 11 | | (H) whether the child resided with the petitioner for | 12 | | at least
6 consecutive months with or without the current | 13 | | custodian present; | 14 | | (I) whether the petitioner had frequent or regular | 15 | | contact or visitation with the child for at least 12 | 16 | | consecutive months;
| 17 | | (J) any other fact that establishes that the loss of | 18 | | the relationship between the petitioner and the child is | 19 | | likely to harm the child's mental, physical, or emotional | 20 | | health; and | 21 | | (K) whether the grandparent, great-grandparent, or | 22 | | sibling was a primary caretaker of the child for a period | 23 | | of not less than 6 consecutive months.
| 24 | | (5) The court may order visitation rights for the | 25 | | grandparent, great-grandparent, or sibling that include | 26 | | reasonable access without requiring overnight or possessory |
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| 1 | | visitation.
| 2 | | (a-7)(1) Unless by stipulation of the parties, no motion to | 3 | | modify a grandparent, great-grandparent, or sibling visitation | 4 | | order may be made earlier than 2 years after the date the order | 5 | | was filed, unless the court permits it to be made on the basis | 6 | | of affidavits that there is reason to believe the child's | 7 | | present environment may endanger seriously the child's mental, | 8 | | physical, or emotional health. | 9 | | (2) The court shall not modify an order that grants | 10 | | visitation to a grandparent, great-grandparent, or sibling | 11 | | unless it finds by clear and convincing evidence, upon the | 12 | | basis of facts that have arisen since the prior visitation | 13 | | order or that were unknown to the court at the time of entry of | 14 | | the prior visitation, that a change has occurred in the | 15 | | circumstances of the child or his or her custodian, and that | 16 | | the modification is necessary to protect the mental, physical, | 17 | | or emotional health of the child. The court shall state in its | 18 | | decision specific findings of fact in support of its | 19 | | modification or termination of the grandparent, | 20 | | great-grandparent, or sibling visitation. A child's parent may | 21 | | always petition to modify visitation upon changed | 22 | | circumstances when necessary to promote the child's best | 23 | | interest. | 24 | | (3) Attorney fees and costs shall be assessed against a | 25 | | party seeking modification of the visitation order if the court | 26 | | finds that the modification action is vexatious and constitutes |
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| 1 | | harassment. | 2 | | (4) Notice under this subsection (a-7) shall be given as | 3 | | provided in subsections (c) and (d) of Section 601.
| 4 | | (b) (1) (Blank.)
| 5 | | (1.5) The Court may grant reasonable visitation privileges | 6 | | to a stepparent
upon petition to the court by the stepparent, | 7 | | with notice to the parties
required to be notified under | 8 | | Section 601 of this Act, if the court determines
that it is in | 9 | | the best interests and welfare of the child, and may issue any
| 10 | | necessary orders to enforce those visitation privileges.
A | 11 | | petition for visitation privileges may be filed under this | 12 | | paragraph (1.5)
whether or not a petition pursuant to this Act | 13 | | has been previously filed or is
currently pending if the | 14 | | following
circumstances are met:
| 15 | | (A) the child is at least 12 years old;
| 16 | | (B) the child resided continuously with the parent and | 17 | | stepparent for at
least 5 years;
| 18 | | (C) the parent is deceased or is disabled and is unable | 19 | | to care for the
child;
| 20 | | (D) the child wishes to have reasonable visitation with | 21 | | the stepparent;
and
| 22 | | (E) the stepparent was providing for the care, control, | 23 | | and welfare to the
child prior to the initiation of the | 24 | | petition for visitation.
| 25 | | (2)(A) A petition for visitation privileges shall not be | 26 | | filed pursuant
to this subsection (b) by the parents or |
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| 1 | | grandparents of a putative father
if the paternity of the | 2 | | putative father has not been legally established.
| 3 | | (B) A petition for visitation privileges may not be filed | 4 | | under
this subsection (b) if the child who is the subject of | 5 | | the
grandparents' or great-grandparents' petition has been | 6 | | voluntarily
surrendered by the parent or parents, except for a | 7 | | surrender to the
Illinois Department of Children and Family | 8 | | Services or a foster care
facility, or has been previously | 9 | | adopted by an individual or individuals
who are not related to | 10 | | the biological parents of the child or is the
subject of a | 11 | | pending adoption petition by an individual or individuals who
| 12 | | are not related to the biological parents of the child.
| 13 | | (3) (Blank).
| 14 | | (c) The court may modify an order granting or denying | 15 | | visitation
rights of a parent whenever modification would serve | 16 | | the best interest of
the child;
but the court shall not | 17 | | restrict a parent's visitation rights unless it
finds that the | 18 | | visitation would endanger seriously the child's physical,
| 19 | | mental, moral or emotional health.
| 20 | | (d) If any court has entered an order prohibiting a | 21 | | non-custodial parent
of a child from any contact with a child
| 22 | | or restricting the non-custodial parent's contact with the | 23 | | child, the
following provisions shall apply:
| 24 | | (1) If an order has been entered granting visitation | 25 | | privileges with the
child to a grandparent or | 26 | | great-grandparent who is related to the child through
the |
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| 1 | | non-custodial parent, the visitation privileges of the | 2 | | grandparent or
great-grandparent may be revoked if:
| 3 | | (i) a court has entered an order prohibiting the | 4 | | non-custodial parent
from any contact with the child, | 5 | | and the grandparent or great-grandparent is
found to | 6 | | have used his or her visitation privileges to | 7 | | facilitate contact
between the child and the | 8 | | non-custodial parent; or
| 9 | | (ii) a court has entered an order restricting the | 10 | | non-custodial parent's
contact with the child, and the | 11 | | grandparent or great-grandparent is found to
have used | 12 | | his or her visitation privileges to facilitate contact
| 13 | | between the child and the non-custodial parent in a | 14 | | manner that violates the
terms of the order restricting | 15 | | the non-custodial parent's contact with the
child.
| 16 | | Nothing in this subdivision (1) limits the authority of | 17 | | the court to
enforce its orders in any manner permitted by | 18 | | law.
| 19 | | (2) Any order granting visitation privileges with the | 20 | | child to a
grandparent or great-grandparent who is related | 21 | | to the child through the
non-custodial parent shall contain | 22 | | the following provision:
| 23 | | "If the (grandparent or great-grandparent, whichever | 24 | | is applicable) who has
been granted visitation privileges | 25 | | under this order uses the visitation
privileges to | 26 | | facilitate contact between the child and the child's
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| 1 | | non-custodial parent, the visitation privileges granted | 2 | | under this order shall
be permanently revoked."
| 3 | | (e) No parent, not granted custody of the child, or | 4 | | grandparent, or
great-grandparent, or stepparent, or sibling | 5 | | of any minor child, convicted
of any offense
involving an | 6 | | illegal sex act perpetrated upon a victim less than 18 years of
| 7 | | age including but not limited to offenses for violations of | 8 | | Article 12 of the
Criminal Code of 1961, is entitled to | 9 | | visitation rights while incarcerated
or while on parole, | 10 | | probation, conditional discharge, periodic
imprisonment, or
| 11 | | mandatory supervised release for that offense, and upon | 12 | | discharge from
incarceration for a misdemeanor offense or upon | 13 | | discharge from parole,
probation, conditional discharge, | 14 | | periodic imprisonment,
or mandatory supervised release for a | 15 | | felony offense, visitation shall be
denied until the person | 16 | | successfully completes a treatment program approved
by the | 17 | | court.
| 18 | | (f) Unless the court determines, after considering all | 19 | | relevant factors,
including but not limited to those set forth | 20 | | in Section 602(a), that it would
be in the best interests of | 21 | | the child to allow visitation, the court shall not
enter an | 22 | | order providing visitation rights and pursuant to a motion to | 23 | | modify
visitation shall revoke visitation rights previously | 24 | | granted to any
person who would otherwise be entitled to | 25 | | petition for visitation rights under
this Section who has been | 26 | | convicted of first degree murder of the parent,
grandparent, |
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| 1 | | great-grandparent, or sibling of the child who is the subject | 2 | | of
the order. Until an order is entered pursuant to this | 3 | | subsection, no person
shall visit, with
the child present, a | 4 | | person who has been convicted of first degree murder of
the | 5 | | parent, grandparent, great-grandparent, or sibling of the | 6 | | child
without the consent of the child's parent, other than a | 7 | | parent convicted of
first degree murder as set forth herein, or | 8 | | legal
guardian.
| 9 | | (g) (Blank).
| 10 | | (h) Upon motion, the court may allow a parent who is | 11 | | deployed or who has orders to be deployed as a member of the | 12 | | United States Armed Forces to designate a person known to the | 13 | | child to exercise reasonable substitute visitation on behalf of | 14 | | the deployed parent, if the court determines that substitute | 15 | | visitation is in the best interest of the child. In determining | 16 | | whether substitute visitation is in the best interest of the | 17 | | child, the court shall consider all of the relevant factors | 18 | | listed in subsection (a) of Section 602 and apply those factors | 19 | | to the person designated as a substitute for the deployed | 20 | | parent for visitation purposes. | 21 | | (Source: P.A. 96-331, eff. 1-1-10 .)
| 22 | | (750 ILCS 5/610) (from Ch. 40, par. 610)
| 23 | | Sec. 610. Modification.
| 24 | | (a) Unless by stipulation of the parties or except as | 25 | | provided in subsection (a-5), no motion
to modify a custody |
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| 1 | | judgment may be made earlier than 2 years after its
date, | 2 | | unless the court permits it to be made on the basis of | 3 | | affidavits
that there is reason to believe the child's present | 4 | | environment may endanger
seriously his physical, mental, moral | 5 | | or emotional health.
| 6 | | (a-5) A motion to modify a custody judgment may be made at | 7 | | any time by a party who has been informed of the existence of | 8 | | facts requiring notice to be given under Section 609.5.
| 9 | | (b) The court shall not modify a prior custody judgment | 10 | | unless it finds by
clear and convincing evidence, upon the | 11 | | basis of facts that have arisen since
the prior judgment or | 12 | | that were unknown to the court at the time of entry of
the | 13 | | prior judgment, that a change has occurred in the circumstances | 14 | | of the
child or his custodian, or in the case of a joint | 15 | | custody arrangement that a
change has occurred in the | 16 | | circumstances of the child or either or both parties
having | 17 | | custody, and that the modification is necessary to serve the | 18 | | best
interest of the child. The existence of facts requiring | 19 | | notice to be given under Section 609.5 of this Act shall be | 20 | | considered a change in circumstance. In the case of joint | 21 | | custody, if the parties agree to a
termination of a joint | 22 | | custody arrangement, the court shall so terminate the
joint | 23 | | custody and make any modification which is in the child's best | 24 | | interest.
The court shall state in its decision specific | 25 | | findings of fact in support of
its modification or termination | 26 | | of joint custody if either parent opposes the
modification or |
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| 1 | | termination.
| 2 | | (c) Attorney fees and costs shall be assessed against a | 3 | | party seeking
modification if the court finds that the | 4 | | modification action is vexatious
and constitutes harassment.
| 5 | | (d) Notice under this Section shall be given as provided in
| 6 | | subsections (c) and (d) of Section 601.
| 7 | | (e) (Blank). A party's absence, relocation, or failure to | 8 | | comply with the court's orders on custody, visitation, or | 9 | | parenting time may not, by itself, be sufficient to justify a | 10 | | modification of a prior order if the reason for the absence, | 11 | | relocation, or failure to comply is the party's deployment as a | 12 | | member of the United States Armed Forces. | 13 | | (f) A court may only provide for a temporary modification | 14 | | of a custody or visitation order during a period of a parent's | 15 | | deployment by the United States Armed Forces in order to make | 16 | | reasonable accommodations necessitated by the deployment. The | 17 | | temporary order shall specify that deployment is the basis for | 18 | | the order and shall include provisions for: | 19 | | (1) custody or reasonable visitation during a period of | 20 | | leave granted to the deployed parent if the custody or | 21 | | reasonable visitation is in the child's best interest; | 22 | | (2) if appropriate, visitation by electronic | 23 | | communication; and | 24 | | (3) the court's reservation of jurisdiction to modify | 25 | | or terminate the temporary modification order upon the | 26 | | termination of the deployed parent's deployment upon such |
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| 1 | | terms and conditions as the court may deem necessary to | 2 | | serve the child's best interest at the time of the | 3 | | termination of the deployment. | 4 | | (g) A party's past, current, or possible future absence or | 5 | | relocation, or failure to comply with the court's orders on | 6 | | custody, visitation, or parenting time may not, by itself, be | 7 | | sufficient to justify a modification of a prior order if the | 8 | | reason for the absence, relocation or failure to comply is the | 9 | | party's deployment as a member of the United States Armed | 10 | | Forces. | 11 | | (Source: P.A. 96-676, eff. 1-1-10.)
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