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| [ House Amendment 001 ] |
90_HB3719
750 ILCS 5/601 from Ch. 40, par. 601
750 ILCS 5/607 from Ch. 40, par. 607
Amends the custody provisions of the Marriage and
Dissolution of Marriage Act. Provides that a child custody
proceeding may be commenced by a stepparent of the child if
the child is at least 12 years old, the stepparent was
married to a parent of the child for at least 5 years before
the parent's death or has been married to a parent who is
disabled for at least 5 years, and certain other conditions
are met. Provides that a court may grant reasonable
visitation privileges to a stepparent if similar conditions
are met.
LRB9011566DJdv
LRB9011566DJdv
1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Sections 601 and 607.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Illinois Marriage and Dissolution of
6 Marriage Act is amended by changing Sections 601 and 607 as
7 follows:
8 (750 ILCS 5/601) (from Ch. 40, par. 601)
9 Sec. 601. Jurisdiction; Commencement of Proceeding.
10 (a) A court of this State competent to decide child
11 custody matters has jurisdiction to make a child custody
12 determination in original or modification proceedings as
13 provided in Section 4 of the Uniform Child Custody
14 Jurisdiction Act as adopted by this State.
15 (b) A child custody proceeding is commenced in the
16 court:
17 (1) by a parent, by filing a petition:
18 (i) for dissolution of marriage or legal
19 separation or declaration of invalidity of marriage;
20 or
21 (ii) for custody of the child, in the county
22 in which he is permanently resident or found; or
23 (2) by a person other than a parent, by filing a
24 petition for custody of the child in the county in which
25 he is permanently resident or found, but only if he is
26 not in the physical custody of one of his parents; or
27 (3) by a stepparent, by filing a petition, if all
28 of the following conditions are met:
29 (A) the child is at least 12 years old, and
30 the stepparent was married to a parent for at least
31 5 years immediately before the parent's death or has
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1 been married to a parent who is disabled for at
2 least 5 immediately preceding years;
3 (B) the stepparent continually resided with
4 the child and the child's parent for at least 5
5 years immediately before the death or disability of
6 the parent;
7 (C) the parent with whom the stepparent has
8 resided is deceased or is disabled and is no longer
9 capable of performing the duties of a parent with
10 respect to that child;
11 (D) the child has a minor sibling who (I) has
12 lived in the same household as the child,
13 stepparent, and parent and (II) is a child of both
14 the parent and the stepparent;
15 (E) before the parent's death or disability,
16 the child had been integrated into the household of
17 the parent and the stepparent; and
18 (F) the child wishes to live with the
19 stepparent.
20 (c) Notice of a child custody proceeding, including an
21 action for modification of a previous custody order, shall be
22 given to the child's parents, guardian and custodian, who may
23 appear, be heard, and file a responsive pleading. The court,
24 upon showing of good cause, may permit intervention of other
25 interested parties.
26 (d) Proceedings for modification of a previous custody
27 order commenced more than 30 days following the entry of a
28 previous custody order must be initiated by serving a written
29 notice and a copy of the petition for modification upon the
30 child's parent, guardian and custodian at least 30 days prior
31 to hearing on the petition. Nothing in this Section shall
32 preclude a party in custody modification proceedings from
33 moving for a temporary order under Section 603 of this Act.
34 (e) In a custody proceeding involving an out-of-state
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1 party, the court, prior to granting or modifying a custody
2 judgment, shall consult the registry of out-of-state
3 judgments to determine whether there exists any
4 communications or documents alleging that the child who is
5 the subject of custody proceedings may have been improperly
6 removed from the physical custody of the person entitled to
7 custody or may have been improperly retained after a visit or
8 other temporary relinquishment of physical custody. Where,
9 on the basis of such documents or communications contained in
10 the registry of out-of-state judgments, the court determines
11 that the child who is the subject of custody may have been
12 improperly removed or retained, the court shall notify the
13 person or agency who submitted such communications as to the
14 location of the child, as soon as is practicable.
15 (Source: P.A. 87-1255.)
16 (750 ILCS 5/607) (from Ch. 40, par. 607)
17 Sec. 607. Visitation.
18 (a) A parent not granted custody of the child is
19 entitled to reasonable visitation rights unless the court
20 finds, after a hearing, that visitation would endanger
21 seriously the child's physical, mental, moral or emotional
22 health. If the custodian's street address is not identified,
23 pursuant to Section 708, the court shall require the parties
24 to identify reasonable alternative arrangements for
25 visitation by a non-custodial parent, including but not
26 limited to visitation of the minor child at the residence of
27 another person or at a local public or private facility.
28 (b) (1) The court may grant reasonable visitation
29 privileges to a grandparent, great-grandparent, or sibling of
30 any minor child upon petition to the court by the
31 grandparents or great-grandparents or on behalf of the
32 sibling, with notice to the parties required to be notified
33 under Section 601 of this Act, if the court determines that
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1 it is in the best interests and welfare of the child, and may
2 issue any necessary orders to enforce such visitation
3 privileges. Except as provided in paragraph (2) of this
4 subsection (b), a petition for visitation privileges may be
5 filed under this subsection (b) whether or not a petition
6 pursuant to this Act has been previously filed or is
7 currently pending if one or more of the following
8 circumstances exist:
9 (A) the parents are not currently cohabiting on a
10 permanent or an indefinite basis;
11 (B) one of the parents has been absent from the
12 marital abode for more than one month without the spouse
13 knowing his or her whereabouts;
14 (C) one of the parents is deceased;
15 (D) one of the parents joins in the petition with
16 the grandparents, great-grandparents, or sibling; or
17 (E) a sibling is in State custody.
18 (2)(A) A petition for visitation privileges shall not be
19 filed pursuant to this subsection (b) by the parents or
20 grandparents of a putative father if the paternity of the
21 putative father has not been legally established.
22 (B) A petition for visitation privileges may not be
23 filed under this subsection (b) if the child who is the
24 subject of the grandparents' or great-grandparents' petition
25 has been voluntarily surrendered by the parent or parents,
26 except for a surrender to the Illinois Department of Children
27 and Family Services or a foster care facility, or has been
28 previously adopted by an individual or individuals who are
29 not related to the biological parents of the child or is the
30 subject of a pending adoption petition by an individual or
31 individuals who are not related to the biological parents of
32 the child.
33 (3) When one parent is deceased, the surviving parent
34 shall not interfere with the visitation rights of the
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1 grandparents.
2 (b-5) If the child is at least 12 years old and the
3 stepparent was married to a parent for at least 5 years
4 immediately before the parent's death or has been married to
5 a parent who is disabled for at least 5 immediately preceding
6 years, the court may grant reasonable visitation privileges
7 to a stepparent of any minor child upon petition to the court
8 by the stepparent, with notice to the parties required to be
9 notified under Section 601 of this Act, if the court
10 determines that it is in the best interests and welfare of
11 the child, and may issue any necessary orders to enforce the
12 visitation privileges. A petition for visitation privileges
13 may be filed under this subsection (b-5) whether or not a
14 petition pursuant to this Act has been previously filed or is
15 currently pending if all of the following circumstances
16 exist:
17 (1) the stepparent continually resided with the
18 child and the child's parent for at least 5 years
19 immediately before the death or disability of the parent;
20 (2) the parent with whom the stepparent has resided
21 is deceased or is disabled and is no longer capable of
22 performing the duties of a parent with respect to that
23 child;
24 (3) the child has a minor sibling who (I) has lived
25 in the same household as the child, stepparent, and
26 parent and (II) is a child of both the parent and the
27 stepparent;
28 (4) before the parent's death or disability, the
29 child had been integrated into the household of the
30 parent and the stepparent; and
31 (5) the child wishes to visit with the stepparent.
32 (c) The court may modify an order granting or denying
33 visitation rights whenever modification would serve the best
34 interest of the child; but the court shall not restrict a
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1 parent's visitation rights unless it finds that the
2 visitation would endanger seriously the child's physical,
3 mental, moral or emotional health.
4 (d) If any court has entered an order prohibiting a
5 non-custodial parent of a child from any contact with a child
6 or restricting the non-custodial parent's contact with the
7 child, the following provisions shall apply:
8 (1) If an order has been entered granting
9 visitation privileges with the child to a grandparent or
10 great-grandparent who is related to the child through the
11 non-custodial parent, the visitation privileges of the
12 grandparent or great-grandparent may be revoked if:
13 (i) a court has entered an order prohibiting
14 the non-custodial parent from any contact with the
15 child, and the grandparent or great-grandparent is
16 found to have used his or her visitation privileges
17 to facilitate contact between the child and the
18 non-custodial parent; or
19 (ii) a court has entered an order restricting
20 the non-custodial parent's contact with the child,
21 and the grandparent or great-grandparent is found to
22 have used his or her visitation privileges to
23 facilitate contact between the child and the
24 non-custodial parent in a manner that violates the
25 terms of the order restricting the non-custodial
26 parent's contact with the child.
27 Nothing in this subdivision (1) limits the authority
28 of the court to enforce its orders in any manner
29 permitted by law.
30 (2) Any order granting visitation privileges with
31 the child to a grandparent or great-grandparent who is
32 related to the child through the non-custodial parent
33 shall contain the following provision:
34 "If the (grandparent or great-grandparent, whichever
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1 is applicable) who has been granted visitation privileges
2 under this order uses the visitation privileges to
3 facilitate contact between the child and the child's
4 non-custodial parent, the visitation privileges granted
5 under this order shall be permanently revoked."
6 (e) No parent, not granted custody of the child, or
7 grandparent, or great-grandparent, or sibling, or stepparent
8 of any minor child, convicted of any offense involving an
9 illegal sex act perpetrated upon a victim less than 18 years
10 of age including but not limited to offenses for violations
11 of Article 12 of the Criminal Code of 1961, is entitled to
12 visitation rights while incarcerated or while on parole or
13 mandatory supervised release for that offense, and upon
14 discharge from incarceration for a misdemeanor offense or
15 upon discharge from parole or mandatory supervised release
16 for a felony offense, visitation shall be denied until said
17 person successfully completes a treatment program approved by
18 the court.
19 (Source: P.A. 88-23; 88-267; 88-670, eff. 12-2-94; 89-488,
20 eff. 6-21-96.)