Public Act 90-0782 of the 90th General Assembly

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Public Act 90-0782

SB1328 Enrolled                                LRB9009858RCpc

    AN ACT to amend the Illinois Marriage and Dissolution  of
Marriage Act by changing Sections 601, 602, and 607.

    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 Sections 601, 602, and
607 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   4  of  the  Uniform  Child  Custody
Jurisdiction 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; or
         (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.
    (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)  In a custody proceeding  involving  an  out-of-state
party,  the  court,  prior to granting or modifying a custody
judgment,  shall  consult  the   registry   of   out-of-state
judgments    to    determine   whether   there   exists   any
communications or documents alleging that the  child  who  is
the  subject  of custody proceedings may have been improperly
removed from the physical custody of the person  entitled  to
custody or may have been improperly retained after a visit or
other  temporary  relinquishment of physical custody.  Where,
on the basis of such documents or communications contained in
the registry of out-of-state judgments, the court  determines
that  the  child  who is the subject of custody may have been
improperly removed or retained, the court  shall  notify  the
person  or agency who submitted such communications as to the
location of the child, as soon as is practicable.
(Source: P.A. 87-1255.)

    (750 ILCS 5/602) (from Ch. 40, par. 602)
    Sec. 602.  Best Interest of Child.
    (a)  The court shall determine custody in accordance with
the best interest of the child. The court shall consider  all
relevant factors including:
         (1)  the  wishes of the child's parent or parents as
    to his custody;
         (2)  the wishes of the child as to his custodian;
         (3)  the interaction and  interrelationship  of  the
    child  with  his  parent or parents, his siblings and any
    other person who may  significantly  affect  the  child's
    best interest;
         (4)  the  child's adjustment to his home, school and
    community;
         (5)  the  mental  and   physical   health   of   all
    individuals involved;
         (6)  the  physical  violence  or  threat of physical
    violence by  the  child's  potential  custodian,  whether
    directed  against  the  child or directed against another
    person;
         (7)  the occurrence of ongoing abuse as  defined  in
    Section  103  of  the  Illinois  Domestic Violence Act of
    1986, whether directed  against  the  child  or  directed
    against another person; and
         (8)  the  willingness  and ability of each parent to
    facilitate  and  encourage   a   close   and   continuing
    relationship between the other parent and the child.
    In the case of a custody proceeding in which a stepparent
has  standing  under Section 601, it is presumed to be in the
best interest of the minor child that the natural parent have
the custody of the minor  child  unless  the  presumption  is
rebutted by the stepparent.
    (b)  The court shall not consider conduct of a present or
proposed  custodian  that does not affect his relationship to
the child.
    (c)  Unless the court finds  the  occurrence  of  ongoing
abuse  as  defined  in  Section  103 of the Illinois Domestic
Violence Act of  1986,  the  court  shall  presume  that  the
maximum involvement and cooperation of both parents regarding
the  physical,  mental,  moral,  and  emotional well-being of
their child is in the best  interest  of  the  child.   There
shall be no presumption in favor of or against joint custody.
(Source: P.A. 87-1186; 88-409.)

    (750 ILCS 5/607) (from Ch. 40, par. 607)
    Sec. 607. Visitation.
    (a)  A  parent  not  granted  custody  of  the  child  is
entitled  to  reasonable  visitation  rights unless the court
finds,  after  a  hearing,  that  visitation  would  endanger
seriously the child's physical, mental,  moral  or  emotional
health.  If the custodian's street address is not identified,
pursuant  to Section 708, the court shall require the parties
to   identify   reasonable   alternative   arrangements   for
visitation by  a  non-custodial  parent,  including  but  not
limited  to visitation of the minor child at the residence of
another person or at a local public or private facility.
    (b) (1)  The  court  may  grant   reasonable   visitation
privileges to a grandparent, great-grandparent, or sibling of
any   minor   child   upon  petition  to  the  court  by  the
grandparents  or  great-grandparents  or  on  behalf  of  the
sibling, with notice to the parties required to  be  notified
under  Section  601 of this Act, if the court determines that
it is in the best interests and welfare of the child, and may
issue  any  necessary  orders  to  enforce  such   visitation
privileges.   Except  as  provided  in  paragraph (2) of this
subsection (b), a petition for visitation privileges  may  be
filed  under this paragraph (1) subsection (b) whether or not
a petition pursuant to this Act has been previously filed  or
is  currently  pending  if  one  or  more  of  the  following
circumstances exist:
         (A)  the  parents  are not currently cohabiting on a
    permanent or an indefinite basis;
         (B)  one of the parents has  been  absent  from  the
    marital  abode for more than one month without the spouse
    knowing his or her whereabouts;
         (C)  one of the parents is deceased;
         (D)  one of the parents joins in the  petition  with
    the grandparents, great-grandparents, or sibling; or
         (E)  a sibling is in State custody.
    (1.5)  The   Court   may   grant   reasonable  visitation
privileges to a stepparent upon petition to the court by  the
stepparent,  with  notice  to  the  parties  required  to  be
notified  under  Section  601  of  this  Act,  if  the  court
determines  that  it  is in the best interests and welfare of
the child, and may issue  any  necessary  orders  to  enforce
those  visitation  privileges.     A  petition for visitation
privileges may be filed under this paragraph (1.5) whether or
not a petition pursuant to this Act has been previously filed
or is currently pending if the  following  circumstances  are
met:
         (A)  the child is at least 12 years old;
         (B)  the  child resided continuously with the parent
    and stepparent for at least 5 years;
         (C)  the parent is deceased or is  disabled  and  is
    unable to care for the child;
         (D)  the  child wishes to have reasonable visitation
    with the stepparent; and
         (E)  the stepparent  was  providing  for  the  care,
    control, and welfare to the child prior to the initiation
    of the petition for visitation.
    (2)(A)  A petition for visitation privileges shall not be
filed  pursuant  to  this  subsection  (b)  by the parents or
grandparents of a putative father if  the  paternity  of  the
putative father has not been legally established.
    (B)  A  petition  for  visitation  privileges  may not be
filed under this subsection (b)  if  the  child  who  is  the
subject  of the grandparents' or great-grandparents' petition
has been voluntarily surrendered by the  parent  or  parents,
except for a surrender to the Illinois Department of Children
and  Family  Services  or a foster care facility, or has been
previously adopted by an individual or  individuals  who  are
not  related to the biological parents of the child or is the
subject of a pending adoption petition by  an  individual  or
individuals  who are not related to the biological parents of
the child.
    (3)  When one parent is deceased,  the  surviving  parent
shall  not  interfere  with  the  visitation  rights  of  the
grandparents.
    (c)  The  court  may  modify an order granting or denying
visitation rights whenever modification would serve the  best
interest  of  the  child; but the court shall  not restrict a
parent's  visitation  rights  unless  it   finds   that   the
visitation  would  endanger  seriously  the child's physical,
mental, moral or emotional health.
    (d)  If any court has  entered  an  order  prohibiting  a
non-custodial parent of a child from any contact with a child
or  restricting  the  non-custodial parent's contact with the
child, the following provisions shall apply:
         (1)  If  an  order   has   been   entered   granting
    visitation  privileges with the child to a grandparent or
    great-grandparent who is related to the child through the
    non-custodial parent, the visitation  privileges  of  the
    grandparent or great-grandparent may be revoked if:
              (i)  a  court  has entered an order prohibiting
         the non-custodial parent from any contact  with  the
         child,  and  the grandparent or great-grandparent is
         found to have used his or her visitation  privileges
         to  facilitate  contact  between  the  child and the
         non-custodial parent; or
              (ii)  a court has entered an order  restricting
         the  non-custodial  parent's contact with the child,
         and the grandparent or great-grandparent is found to
         have  used  his  or  her  visitation  privileges  to
         facilitate  contact  between  the  child   and   the
         non-custodial  parent  in a manner that violates the
         terms of the  order  restricting  the  non-custodial
         parent's contact with the child.
         Nothing in this subdivision (1) limits the authority
    of  the  court  to  enforce  its  orders  in  any  manner
    permitted by law.
         (2)  Any  order  granting visitation privileges with
    the child to a grandparent or  great-grandparent  who  is
    related  to  the  child  through the non-custodial parent
    shall contain the following provision:
         "If the (grandparent or great-grandparent, whichever
    is applicable) who has been granted visitation privileges
    under  this  order  uses  the  visitation  privileges  to
    facilitate contact between  the  child  and  the  child's
    non-custodial  parent,  the visitation privileges granted
    under this order shall be permanently revoked."
    (e)  No parent, not granted  custody  of  the  child,  or
grandparent,  or great-grandparent, or stepparent, or sibling
of any minor child, convicted of  any  offense  involving  an
illegal  sex act perpetrated upon a victim less than 18 years
of age including but not limited to offenses  for  violations
of  Article  12  of the Criminal Code of 1961, is entitled to
visitation rights while  incarcerated  or  while  on  parole,
probation,  conditional  discharge, periodic imprisonment, or
mandatory supervised  release  for  that  offense,  and  upon
discharge  from  incarceration  for  a misdemeanor offense or
upon discharge from parole, probation, conditional discharge,
periodic imprisonment, or mandatory supervised release for  a
felony  offense,  visitation  shall  be denied until the said
person successfully completes a treatment program approved by
the court.
(Source: P.A. 88-23; 88-267; 88-670,  eff.  12-2-94;  89-488,
eff. 6-21-96.)

    Section  99.  Effective date.  This Act takes effect upon
becoming law.

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