Public Act 093-1026
 
HB1020 Enrolled LRB093 05535 DRJ 05627 b

    AN ACT concerning family law.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Illinois Marriage and Dissolution of
Marriage Act is amended by changing Section 601 as follows:
 
    (750 ILCS 5/601)  (from Ch. 40, par. 601)
    Sec. 601. Jurisdiction; Commencement of Proceeding.
    (a) A court of this State competent to decide child custody
matters has jurisdiction to make a child custody determination
in original or modification proceedings as provided in Section
201 of the Uniform Child-Custody Jurisdiction and Enforcement
Act as adopted by this State.
    (b) A child custody proceeding is commenced in the court:
        (1) by a parent, by filing a petition:
            (i) for dissolution of marriage or legal
        separation or declaration of invalidity of marriage;
        or
            (ii) for custody of the child, in the county in
        which he is permanently resident or found;
        (2) by a person other than a parent, by filing a
    petition for custody of the child in the county in which he
    is permanently resident or found, but only if he is not in
    the physical custody of one of his parents; or
        (3) by a stepparent, by filing a petition, if all of
    the following circumstances are met:
            (A) the child is at least 12 years old;
            (B) the custodial parent and stepparent were
        married for at least 5 years during which the child
        resided with the parent and stepparent;
            (C) the custodial parent is deceased or is disabled
        and cannot perform the duties of a parent to the child;
            (D) the stepparent provided for the care, control,
        and welfare to the child prior to the initiation of
        custody proceedings;
            (E) the child wishes to live with the stepparent;
        and
            (F) it is alleged to be in the best interests and
        welfare of the child to live with the stepparent as
        provided in Section 602 of this Act.
        (4) When one of the parents is deceased, by a
    grandparent who is a parent or stepparent of a deceased
    parent, by filing a petition, if one or more of the
    following existed at the time of the parent's death:
            (A) the surviving parent had been absent from the
        marital abode for more than one month without the
        deceased spouse knowing his or her whereabouts;
            (B) the surviving parent was in State or federal
        custody; or
            (C) the surviving parent had: (i) received
        supervision for or been convicted of any violation of
        Article 12 of the Criminal Code of 1961 directed
        towards the deceased parent or the child; or (ii)
        received supervision or been convicted of violating an
        order of protection entered under Section 217, 218, or
        219 of the Illinois Domestic Violence Act of 1986 for
        the protection of the deceased parent or the child.
    (c) Notice of a child custody proceeding, including an
action for modification of a previous custody order, shall be
given to the child's parents, guardian and custodian, who may
appear, be heard, and file a responsive pleading. The court,
upon showing of good cause, may permit intervention of other
interested parties.
    (d) Proceedings for modification of a previous custody
order commenced more than 30 days following the entry of a
previous custody order must be initiated by serving a written
notice and a copy of the petition for modification upon the
child's parent, guardian and custodian at least 30 days prior
to hearing on the petition. Nothing in this Section shall
preclude a party in custody modification proceedings from
moving for a temporary order under Section 603 of this Act.
    (e) (Blank).
    (f) The court shall, at the court's discretion or upon the
request of any party entitled to petition for custody of the
child, appoint a guardian ad litem to represent the best
interest of the child for the duration of the custody
proceeding or for any modifications of any custody orders
entered. Nothing in this Section shall be construed to prevent
the court from appointing the same guardian ad litem for 2 or
more children that are siblings or half-siblings.
(Source: P.A. 93-108, eff. 1-1-04.)

Effective Date: 1/1/2005