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90_SB1328ham003
LRB9009858WHgcam01
1 AMENDMENT TO SENATE BILL 1328
2 AMENDMENT NO. . Amend Senate Bill 1328, on page 1,
3 lines 2 and 6, by changing "Section 607" wherever it appears
4 to "Sections 601, 602, and 607"; and
5 on page 1, by inserting between lines 6 and 7 the following:
6 "(750 ILCS 5/601) (from Ch. 40, par. 601)
7 Sec. 601. Jurisdiction; Commencement of Proceeding.
8 (a) A court of this State competent to decide child
9 custody matters has jurisdiction to make a child custody
10 determination in original or modification proceedings as
11 provided in Section 4 of the Uniform Child Custody
12 Jurisdiction Act as adopted by this State.
13 (b) A child custody proceeding is commenced in the
14 court:
15 (1) by a parent, by filing a petition:
16 (i) for dissolution of marriage or legal
17 separation or declaration of invalidity of marriage;
18 or
19 (ii) for custody of the child, in the county
20 in which he is permanently resident or found; or
21 (2) by a person other than a parent, by filing a
22 petition for custody of the child in the county in which
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1 he is permanently resident or found, but only if he is
2 not in the physical custody of one of his parents; or
3 (3) by a stepparent, by filing a petition, if all
4 of the following circumstances are met:
5 (A) the child is at least 12 years old;
6 (B) the custodial parent and stepparent were
7 married for at least 5 years during which the child
8 resided with the parent and stepparent;
9 (C) the custodial parent is deceased or is
10 disabled and cannot perform the duties of a parent
11 to the child;
12 (D) the stepparent provided for the care,
13 control, and welfare to the child prior to the
14 initiation of custody proceedings;
15 (E) the child wishes to live with the
16 stepparent; and
17 (F) it is alleged to be in the best interests
18 and welfare of the child to live with the stepparent
19 as provided in Section 602 of this Act.
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 5/602) (from Ch. 40, par. 602)
17 Sec. 602. Best Interest of Child.
18 (a) The court shall determine custody in accordance with
19 the best interest of the child. The court shall consider all
20 relevant factors including:
21 (1) the wishes of the child's parent or parents as
22 to his custody;
23 (2) the wishes of the child as to his custodian;
24 (3) the interaction and interrelationship of the
25 child with his parent or parents, his siblings and any
26 other person who may significantly affect the child's
27 best interest;
28 (4) the child's adjustment to his home, school and
29 community;
30 (5) the mental and physical health of all
31 individuals involved;
32 (6) the physical violence or threat of physical
33 violence by the child's potential custodian, whether
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1 directed against the child or directed against another
2 person;
3 (7) the occurrence of ongoing abuse as defined in
4 Section 103 of the Illinois Domestic Violence Act of
5 1986, whether directed against the child or directed
6 against another person; and
7 (8) the willingness and ability of each parent to
8 facilitate and encourage a close and continuing
9 relationship between the other parent and the child.
10 In the case of a custody proceeding in which a stepparent
11 has standing under Section 601, it is presumed to be in the
12 best interest of the minor child that the natural parent have
13 the custody of the minor child unless the presumption is
14 rebutted by the stepparent.
15 (b) The court shall not consider conduct of a present or
16 proposed custodian that does not affect his relationship to
17 the child.
18 (c) Unless the court finds the occurrence of ongoing
19 abuse as defined in Section 103 of the Illinois Domestic
20 Violence Act of 1986, the court shall presume that the
21 maximum involvement and cooperation of both parents regarding
22 the physical, mental, moral, and emotional well-being of
23 their child is in the best interest of the child. There
24 shall be no presumption in favor of or against joint custody.
25 (Source: P.A. 87-1186; 88-409.)"; and
26 on page 1, line 29 by changing "subsection (b)" to "paragraph
27 (1) subsection (b)"; and
28 on page 2, by inserting between lines 10 and 11 the
29 following:
30 "(1.5) The Court may grant reasonable visitation
31 privileges to a stepparent upon petition to the court by the
32 stepparent, with notice to the parties required to be
33 notified under Section 601 of this Act, if the court
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1 determines that it is in the best interests and welfare of
2 the child, and may issue any necessary orders to enforce
3 those visitation privileges. A petition for visitation
4 privileges may be filed under this paragraph (1.5) whether or
5 not a petition pursuant to this Act has been previously filed
6 or is currently pending if the following circumstances are
7 met:
8 (A) the child is at least 12 years old;
9 (B) the child resided continuously with the parent
10 and stepparent for at least 5 years;
11 (C) the parent is deceased or is disabled and is
12 unable to care for the child;
13 (D) the child wishes to have reasonable visitation
14 with the stepparent; and
15 (E) the stepparent was providing for the care,
16 control, and welfare to the child prior to the initiation
17 of the petition for visitation."; and
18 on page 4, line 4, by inserting "or stepparent," after
19 "great-grandparent,".