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90_SB1328enr
750 ILCS 5/607 from Ch. 40, par. 607
Amends the Illinois Marriage and Dissolution of Marriage
Act. Provides that a parent not granted custody of a child,
a grandparent, great-grandparent, or sibling of a minor child
who was convicted of an offense involving an illegal sex act
perpetrated upon a victim less than 18 years of age is not
entitled to visitation rights while on probation, conditional
discharge, or periodic imprisonment (now visitation rights
are denied to the persons only while they are on parole or
mandatory supervised release). Effective immediately.
LRB9009858RCpc
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1 AN ACT to amend the Illinois Marriage and Dissolution of
2 Marriage Act by changing Sections 601, 602, 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, 602, and
7 607 as 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 circumstances are met:
29 (A) the child is at least 12 years old;
30 (B) the custodial parent and stepparent were
31 married for at least 5 years during which the child
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1 resided with the parent and stepparent;
2 (C) the custodial parent is deceased or is
3 disabled and cannot perform the duties of a parent
4 to the child;
5 (D) the stepparent provided for the care,
6 control, and welfare to the child prior to the
7 initiation of custody proceedings;
8 (E) the child wishes to live with the
9 stepparent; and
10 (F) it is alleged to be in the best interests
11 and welfare of the child to live with the stepparent
12 as provided in Section 602 of this Act.
13 (c) Notice of a child custody proceeding, including an
14 action for modification of a previous custody order, shall be
15 given to the child's parents, guardian and custodian, who may
16 appear, be heard, and file a responsive pleading. The court,
17 upon showing of good cause, may permit intervention of other
18 interested parties.
19 (d) Proceedings for modification of a previous custody
20 order commenced more than 30 days following the entry of a
21 previous custody order must be initiated by serving a written
22 notice and a copy of the petition for modification upon the
23 child's parent, guardian and custodian at least 30 days prior
24 to hearing on the petition. Nothing in this Section shall
25 preclude a party in custody modification proceedings from
26 moving for a temporary order under Section 603 of this Act.
27 (e) In a custody proceeding involving an out-of-state
28 party, the court, prior to granting or modifying a custody
29 judgment, shall consult the registry of out-of-state
30 judgments to determine whether there exists any
31 communications or documents alleging that the child who is
32 the subject of custody proceedings may have been improperly
33 removed from the physical custody of the person entitled to
34 custody or may have been improperly retained after a visit or
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1 other temporary relinquishment of physical custody. Where,
2 on the basis of such documents or communications contained in
3 the registry of out-of-state judgments, the court determines
4 that the child who is the subject of custody may have been
5 improperly removed or retained, the court shall notify the
6 person or agency who submitted such communications as to the
7 location of the child, as soon as is practicable.
8 (Source: P.A. 87-1255.)
9 (750 ILCS 5/602) (from Ch. 40, par. 602)
10 Sec. 602. Best Interest of Child.
11 (a) The court shall determine custody in accordance with
12 the best interest of the child. The court shall consider all
13 relevant factors including:
14 (1) the wishes of the child's parent or parents as
15 to his custody;
16 (2) the wishes of the child as to his custodian;
17 (3) the interaction and interrelationship of the
18 child with his parent or parents, his siblings and any
19 other person who may significantly affect the child's
20 best interest;
21 (4) the child's adjustment to his home, school and
22 community;
23 (5) the mental and physical health of all
24 individuals involved;
25 (6) the physical violence or threat of physical
26 violence by the child's potential custodian, whether
27 directed against the child or directed against another
28 person;
29 (7) the occurrence of ongoing abuse as defined in
30 Section 103 of the Illinois Domestic Violence Act of
31 1986, whether directed against the child or directed
32 against another person; and
33 (8) the willingness and ability of each parent to
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1 facilitate and encourage a close and continuing
2 relationship between the other parent and the child.
3 In the case of a custody proceeding in which a stepparent
4 has standing under Section 601, it is presumed to be in the
5 best interest of the minor child that the natural parent have
6 the custody of the minor child unless the presumption is
7 rebutted by the stepparent.
8 (b) The court shall not consider conduct of a present or
9 proposed custodian that does not affect his relationship to
10 the child.
11 (c) Unless the court finds the occurrence of ongoing
12 abuse as defined in Section 103 of the Illinois Domestic
13 Violence Act of 1986, the court shall presume that the
14 maximum involvement and cooperation of both parents regarding
15 the physical, mental, moral, and emotional well-being of
16 their child is in the best interest of the child. There
17 shall be no presumption in favor of or against joint custody.
18 (Source: P.A. 87-1186; 88-409.)
19 (750 ILCS 5/607) (from Ch. 40, par. 607)
20 Sec. 607. Visitation.
21 (a) A parent not granted custody of the child is
22 entitled to reasonable visitation rights unless the court
23 finds, after a hearing, that visitation would endanger
24 seriously the child's physical, mental, moral or emotional
25 health. If the custodian's street address is not identified,
26 pursuant to Section 708, the court shall require the parties
27 to identify reasonable alternative arrangements for
28 visitation by a non-custodial parent, including but not
29 limited to visitation of the minor child at the residence of
30 another person or at a local public or private facility.
31 (b) (1) The court may grant reasonable visitation
32 privileges to a grandparent, great-grandparent, or sibling of
33 any minor child upon petition to the court by the
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1 grandparents or great-grandparents or on behalf of the
2 sibling, with notice to the parties required to be notified
3 under Section 601 of this Act, if the court determines that
4 it is in the best interests and welfare of the child, and may
5 issue any necessary orders to enforce such visitation
6 privileges. Except as provided in paragraph (2) of this
7 subsection (b), a petition for visitation privileges may be
8 filed under this paragraph (1) subsection (b) whether or not
9 a petition pursuant to this Act has been previously filed or
10 is currently pending if one or more of the following
11 circumstances exist:
12 (A) the parents are not currently cohabiting on a
13 permanent or an indefinite basis;
14 (B) one of the parents has been absent from the
15 marital abode for more than one month without the spouse
16 knowing his or her whereabouts;
17 (C) one of the parents is deceased;
18 (D) one of the parents joins in the petition with
19 the grandparents, great-grandparents, or sibling; or
20 (E) a sibling is in State custody.
21 (1.5) The Court may grant reasonable visitation
22 privileges to a stepparent upon petition to the court by the
23 stepparent, with notice to the parties required to be
24 notified under Section 601 of this Act, if the court
25 determines that it is in the best interests and welfare of
26 the child, and may issue any necessary orders to enforce
27 those visitation privileges. A petition for visitation
28 privileges may be filed under this paragraph (1.5) whether or
29 not a petition pursuant to this Act has been previously filed
30 or is currently pending if the following circumstances are
31 met:
32 (A) the child is at least 12 years old;
33 (B) the child resided continuously with the parent
34 and stepparent for at least 5 years;
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1 (C) the parent is deceased or is disabled and is
2 unable to care for the child;
3 (D) the child wishes to have reasonable visitation
4 with the stepparent; and
5 (E) the stepparent was providing for the care,
6 control, and welfare to the child prior to the initiation
7 of the petition for visitation.
8 (2)(A) A petition for visitation privileges shall not be
9 filed pursuant to this subsection (b) by the parents or
10 grandparents of a putative father if the paternity of the
11 putative father has not been legally established.
12 (B) A petition for visitation privileges may not be
13 filed under this subsection (b) if the child who is the
14 subject of the grandparents' or great-grandparents' petition
15 has been voluntarily surrendered by the parent or parents,
16 except for a surrender to the Illinois Department of Children
17 and Family Services or a foster care facility, or has been
18 previously adopted by an individual or individuals who are
19 not related to the biological parents of the child or is the
20 subject of a pending adoption petition by an individual or
21 individuals who are not related to the biological parents of
22 the child.
23 (3) When one parent is deceased, the surviving parent
24 shall not interfere with the visitation rights of the
25 grandparents.
26 (c) The court may modify an order granting or denying
27 visitation rights whenever modification would serve the best
28 interest of the child; but the court shall not restrict a
29 parent's visitation rights unless it finds that the
30 visitation would endanger seriously the child's physical,
31 mental, moral or emotional health.
32 (d) If any court has entered an order prohibiting a
33 non-custodial parent of a child from any contact with a child
34 or restricting the non-custodial parent's contact with the
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1 child, the following provisions shall apply:
2 (1) If an order has been entered granting
3 visitation privileges with the child to a grandparent or
4 great-grandparent who is related to the child through the
5 non-custodial parent, the visitation privileges of the
6 grandparent or great-grandparent may be revoked if:
7 (i) a court has entered an order prohibiting
8 the non-custodial parent from any contact with the
9 child, and the grandparent or great-grandparent is
10 found to have used his or her visitation privileges
11 to facilitate contact between the child and the
12 non-custodial parent; or
13 (ii) a court has entered an order restricting
14 the non-custodial parent's contact with the child,
15 and the grandparent or great-grandparent is found to
16 have used his or her visitation privileges to
17 facilitate contact between the child and the
18 non-custodial parent in a manner that violates the
19 terms of the order restricting the non-custodial
20 parent's contact with the child.
21 Nothing in this subdivision (1) limits the authority
22 of the court to enforce its orders in any manner
23 permitted by law.
24 (2) Any order granting visitation privileges with
25 the child to a grandparent or great-grandparent who is
26 related to the child through the non-custodial parent
27 shall contain the following provision:
28 "If the (grandparent or great-grandparent, whichever
29 is applicable) who has been granted visitation privileges
30 under this order uses the visitation privileges to
31 facilitate contact between the child and the child's
32 non-custodial parent, the visitation privileges granted
33 under this order shall be permanently revoked."
34 (e) No parent, not granted custody of the child, or
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1 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
4 of age including but not limited to offenses for violations
5 of 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
8 mandatory supervised release for that offense, and upon
9 discharge from incarceration for a misdemeanor offense or
10 upon discharge from parole, probation, conditional discharge,
11 periodic imprisonment, or mandatory supervised release for a
12 felony offense, visitation shall be denied until the said
13 person successfully completes a treatment program approved by
14 the court.
15 (Source: P.A. 88-23; 88-267; 88-670, eff. 12-2-94; 89-488,
16 eff. 6-21-96.)
17 Section 99. Effective date. This Act takes effect upon
18 becoming law.