Sen. Patrick Welch
Filed: 5/18/2004
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1 | AMENDMENT TO HOUSE BILL 1020
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2 | AMENDMENT NO. ______. Amend House Bill 1020, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
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5 | "Section 5. The Illinois Marriage and Dissolution of | ||||||
6 | Marriage Act is amended by changing Section 601 as follows:
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7 | (750 ILCS 5/601) (from Ch. 40, par. 601)
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8 | Sec. 601. Jurisdiction; Commencement of Proceeding.
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9 | (a) A court of this State competent to decide child custody | ||||||
10 | matters has
jurisdiction to make a child custody determination | ||||||
11 | in original or modification
proceedings as provided in Section | ||||||
12 | 201 of the Uniform
Child-Custody Jurisdiction and Enforcement | ||||||
13 | Act as
adopted by this State.
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14 | (b) A child custody proceeding is commenced in the court:
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15 | (1) by a parent, by filing a petition:
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16 | (i) for dissolution of marriage or legal | ||||||
17 | separation or declaration
of invalidity of marriage; | ||||||
18 | or
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19 | (ii) for custody of the child, in the county in | ||||||
20 | which he is
permanently resident or found;
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21 | (2) by a person other than a parent, by filing a | ||||||
22 | petition for
custody of the child in the county in which he | ||||||
23 | is permanently resident
or found, but only if he is not in |
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1 | the physical custody of one of his
parents; or
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2 | (3) by a stepparent, by filing a petition, if all of | ||||||
3 | the following
circumstances are met:
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4 | (A) the child is at least 12 years old;
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5 | (B) the custodial parent and stepparent were | ||||||
6 | married for at least 5
years during which the child | ||||||
7 | resided with the parent and stepparent;
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8 | (C) the custodial parent is deceased or is disabled | ||||||
9 | and cannot perform
the duties of a parent to the child;
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10 | (D) the stepparent provided for the care, control, | ||||||
11 | and welfare to the
child prior to the initiation of | ||||||
12 | custody proceedings;
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13 | (E) the child wishes to live with the stepparent; | ||||||
14 | and
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15 | (F) it is alleged to be in the best interests and | ||||||
16 | welfare of the
child to live with the stepparent as | ||||||
17 | provided in Section 602 of this Act. | ||||||
18 | (4) When one of the parents is deceased, by a | ||||||
19 | grandparent who is a parent or stepparent of a deceased | ||||||
20 | parent, by filing a petition, if one or more of the | ||||||
21 | following existed at the time of the parent's death: | ||||||
22 | (A) the surviving parent had been absent from the | ||||||
23 | marital abode for more than one month without the | ||||||
24 | deceased spouse knowing his or her whereabouts; | ||||||
25 | (B) the surviving parent was in State or federal | ||||||
26 | custody; or | ||||||
27 | (C) the surviving parent had: (i) received | ||||||
28 | supervision for or been convicted of any violation of | ||||||
29 | Article 12 of the Criminal Code of 1961 directed | ||||||
30 | towards the deceased parent or the child; or (ii) | ||||||
31 | received supervision or been convicted of violating an | ||||||
32 | order of protection entered under Section 217, 218, or | ||||||
33 | 219 of the Illinois Domestic Violence Act of 1986 for | ||||||
34 | the protection of the deceased parent or the child.
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1 | (c) Notice of a child custody proceeding, including an | ||||||
2 | action
for modification of a previous custody order, shall be | ||||||
3 | given to the
child's parents, guardian and custodian, who may | ||||||
4 | appear, be heard, and
file a responsive pleading. The court, | ||||||
5 | upon showing of good cause, may
permit intervention of other | ||||||
6 | interested parties.
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7 | (d) Proceedings for modification of a previous custody | ||||||
8 | order
commenced more than 30 days following the entry of a | ||||||
9 | previous custody order
must be initiated by serving a written | ||||||
10 | notice and a copy of the petition
for modification upon the | ||||||
11 | child's parent, guardian and custodian at least
30 days prior | ||||||
12 | to hearing on the petition. Nothing in this Section shall
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13 | preclude a party in custody modification proceedings from | ||||||
14 | moving for a
temporary order under Section 603 of this Act.
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15 | (e) (Blank). | ||||||
16 | (f) The court shall, at the court's discretion or upon the | ||||||
17 | request of any party entitled to petition for custody of the | ||||||
18 | child, appoint a guardian ad litem to represent the best | ||||||
19 | interest of the child for the duration of the custody | ||||||
20 | proceeding or for any modifications of any custody orders | ||||||
21 | entered. Nothing in this Section shall be construed to prevent | ||||||
22 | the court from appointing the same guardian ad litem for 2 or | ||||||
23 | more children that are siblings or half-siblings.
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24 | (Source: P.A. 93-108, eff. 1-1-04.)".
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