|
||||||||||||||||||||
|
||||||||||||||||||||
| ||||||||||||||||||||
|
||||||||||||||||||||
| ||||||||||||||||||||
1 | AN ACT concerning visitation.
| |||||||||||||||||||
2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||
4 | Section 5. The Illinois Marriage and Dissolution of | |||||||||||||||||||
5 | Marriage Act is amended
by changing Section 607 as follows:
| |||||||||||||||||||
6 | (750 ILCS 5/607) (from Ch. 40, par. 607)
| |||||||||||||||||||
7 | Sec. 607. Visitation.
| |||||||||||||||||||
8 | (a) A parent not granted custody of the child
is entitled | |||||||||||||||||||
9 | to reasonable visitation rights unless the court finds,
after a | |||||||||||||||||||
10 | hearing, that visitation would endanger seriously the child's
| |||||||||||||||||||
11 | physical, mental, moral or emotional health. If the custodian's | |||||||||||||||||||
12 | street
address is not identified, pursuant to Section 708, the | |||||||||||||||||||
13 | court shall require
the parties to identify reasonable | |||||||||||||||||||
14 | alternative arrangements for visitation
by a non-custodial | |||||||||||||||||||
15 | parent, including but not limited to visitation of the
minor | |||||||||||||||||||
16 | child at the residence of another person or at a local public | |||||||||||||||||||
17 | or
private facility.
| |||||||||||||||||||
18 | (a-5) (1) Except as otherwise provided in this subsection | |||||||||||||||||||
19 | (a-5) or in
subsection (b)
of this Section, any grandparent, | |||||||||||||||||||
20 | great-grandparent, or sibling may file a
petition for
| |||||||||||||||||||
21 | visitation rights to a minor child and a hearing shall be held | |||||||||||||||||||
22 | if at least one
of the
following conditions exist: | |||||||||||||||||||
23 | (A) the mother or father of the child is deceased; | |||||||||||||||||||
24 | (B) the child's mother and father are divorced or | |||||||||||||||||||
25 | legally separated from
each other or were never married | |||||||||||||||||||
26 | to each other; | |||||||||||||||||||
27 | (C) the child's mother or father has been missing | |||||||||||||||||||
28 | for not less than 6
months; | |||||||||||||||||||
29 | (D) the court of another state has ordered | |||||||||||||||||||
30 | grandparent,
great-grandparent,
or sibling visitation; | |||||||||||||||||||
31 | or | |||||||||||||||||||
32 | (E) the child resided in the home of the |
| |||||||
|
|||||||
1 | grandparent, great-grandparent,
or
sibling for a | ||||||
2 | period of 12 months or more and was subsequently | ||||||
3 | removed from the
home
by the parent or parents. | ||||||
4 | (2) In making a determination under this subsection | ||||||
5 | (a-5), there is a
rebuttable
presumption that a fit | ||||||
6 | parent's actions and decisions regarding grandparent,
| ||||||
7 | great-grandparent, or sibling visitation are in the | ||||||
8 | child's best interests. The
burden is on the
party filing a | ||||||
9 | complaint or motion under this Section to prove that the
| ||||||
10 | parent's actions and
decisions regarding visitation times | ||||||
11 | are not in the child's best interest.
| ||||||
12 | (3) In considering whether a petition for grandparent, | ||||||
13 | great-grandparent, or
sibling
visitation overcomes the | ||||||
14 | rebuttable presumption, the court shall consider the | ||||||
15 | following factors: | ||||||
16 | (A) Whether the child had such a significant | ||||||
17 | existing relationship with the
grandparent, | ||||||
18 | great-grandparent, or sibling that loss of the | ||||||
19 | relationship is
likely to cause
severe emotional harm | ||||||
20 | to the child; | ||||||
21 | (B) Whether the grandparent, great-grandparent, or | ||||||
22 | sibling functioned as a
primary
caregiver such that | ||||||
23 | cessation of the relationship could interrupt | ||||||
24 | provision of
the daily
needs of the child and cause | ||||||
25 | physical or emotional harm; or | ||||||
26 | (C) Whether the child had a significant existing | ||||||
27 | relationship with the
grandparent,
great-grandparent, | ||||||
28 | or sibling and loss of that relationship presents the | ||||||
29 | danger
of other
direct and substantial harm to the | ||||||
30 | child.
| ||||||
31 | (4) If the court determines that the rebuttable | ||||||
32 | presumption has been overcome, the court
shall
then | ||||||
33 | determine whether visitation would be in the best interest | ||||||
34 | of
the child.
The court may consider: | ||||||
35 | (A) the length and quality of the prior | ||||||
36 | relationship;
|
| |||||||
|
|||||||
1 | (B) the existing emotional ties of the child to the | ||||||
2 | grandparent,
great-grandparent, or sibling;
| ||||||
3 | (C) the preference of the child if the child is | ||||||
4 | determined to be of
sufficient
maturity to express a | ||||||
5 | preference;
| ||||||
6 | (D) the good faith of the party in filing the | ||||||
7 | petition;
| ||||||
8 | (E) if the parents are divorced or separated, the | ||||||
9 | time-sharing
arrangement
that exists between the | ||||||
10 | parents with respect to the child;
| ||||||
11 | (F) if one parent is deceased or missing, the fact | ||||||
12 | that the parties
requesting visitation are the parents | ||||||
13 | of the deceased or missing person; and
| ||||||
14 | (G) any other factor that the court deems relevant.
| ||||||
15 | (b) (1) (Blank.)
The court may grant reasonable visitation | ||||||
16 | privileges to a
grandparent, great-grandparent, or sibling of | ||||||
17 | any minor child upon petition
to the court by the grandparents | ||||||
18 | or great-grandparents or on behalf of the
sibling, with notice | ||||||
19 | to the parties required to be notified under Section
601 of | ||||||
20 | this Act, if the court determines that it is in the
best | ||||||
21 | interests and welfare of the child, and may issue any necessary | ||||||
22 | orders
to enforce such visitation privileges. Except as | ||||||
23 | provided in
paragraph (2) of this subsection (b), a petition | ||||||
24 | for visitation
privileges may be filed under this paragraph (1)
| ||||||
25 | whether or not a
petition pursuant to this Act has been | ||||||
26 | previously filed or is
currently pending
if one or more of the | ||||||
27 | following circumstances exist:
| ||||||
28 |
(A) the parents are not currently cohabiting on a | ||||||
29 | permanent or an
indefinite basis;
| ||||||
30 |
(B) one of the parents has been absent from the | ||||||
31 | marital abode for more
than one month without the spouse | ||||||
32 | knowing his or her whereabouts;
| ||||||
33 |
(C) one of the parents is deceased;
| ||||||
34 |
(D) one of the parents joins in the petition with the | ||||||
35 | grandparents,
great-grandparents, or sibling; or
| ||||||
36 |
(E) a sibling is in State custody.
|
| |||||||
|
|||||||
1 | (1.5) The Court may grant reasonable visitation privileges | ||||||
2 | to a stepparent
upon petition to the court by the stepparent, | ||||||
3 | with notice to the parties
required to be notified under | ||||||
4 | Section 601 of this Act, if the court determines
that it is in | ||||||
5 | the best interests and welfare of the child, and may issue any
| ||||||
6 | necessary orders to enforce those visitation privileges.
A | ||||||
7 | petition for visitation privileges may be filed under this | ||||||
8 | paragraph (1.5)
whether or not a petition pursuant to this Act | ||||||
9 | has been previously filed or is
currently pending if the | ||||||
10 | following
circumstances are met:
| ||||||
11 | (A) the child is at least 12 years old;
| ||||||
12 | (B) the child resided continuously with the parent and | ||||||
13 | stepparent for at
least 5 years;
| ||||||
14 | (C) the parent is deceased or is disabled and is unable | ||||||
15 | to care for the
child;
| ||||||
16 | (D) the child wishes to have reasonable visitation with | ||||||
17 | the stepparent;
and
| ||||||
18 | (E) the stepparent was providing for the care, control, | ||||||
19 | and welfare to the
child prior to the initiation of the | ||||||
20 | petition for visitation.
| ||||||
21 | (2)(A) A petition for visitation privileges shall not be | ||||||
22 | filed pursuant
to this subsection (b) by the parents or | ||||||
23 | grandparents of a putative father
if the paternity of the | ||||||
24 | putative father has not been legally established.
| ||||||
25 | (B) A petition for visitation privileges may not be filed | ||||||
26 | under
this subsection (b) if the child who is the subject of | ||||||
27 | the
grandparents' or great-grandparents' petition has been | ||||||
28 | voluntarily
surrendered by the parent or parents, except for a | ||||||
29 | surrender to the
Illinois Department of Children and Family | ||||||
30 | Services or a foster care
facility, or has been previously | ||||||
31 | adopted by an individual or individuals
who are not related to | ||||||
32 | the biological parents of the child or is the
subject of a | ||||||
33 | pending adoption petition by an individual or individuals who
| ||||||
34 | are not related to the biological parents of the child.
| ||||||
35 | (3) (Blank).
When one parent is deceased, the surviving | ||||||
36 | parent shall not
interfere with the visitation rights of the |
| |||||||
|
|||||||
1 | grandparents.
| ||||||
2 | (c) The court may modify an order granting or denying | ||||||
3 | visitation
rights of a parent whenever modification would serve | ||||||
4 | the best interest of
the child;
but the court shall not | ||||||
5 | restrict a parent's visitation rights unless it
finds that the | ||||||
6 | visitation would endanger seriously the child's physical,
| ||||||
7 | mental, moral or emotional health.
The court may modify an | ||||||
8 | order granting, denying, or limiting visitation
rights of a | ||||||
9 | grandparent, great-grandparent, or sibling of any minor child
| ||||||
10 | whenever a change of circumstances has occurred based on facts | ||||||
11 | occurring
subsequent to the judgment and the court finds by | ||||||
12 | clear and convincing evidence
that the modification is in the | ||||||
13 | best interest of the minor child.
| ||||||
14 | (d) If any court has entered an order prohibiting a | ||||||
15 | non-custodial parent
of a child from any contact with a child
| ||||||
16 | or restricting the non-custodial parent's contact with the | ||||||
17 | child, the
following provisions shall apply:
| ||||||
18 | (1) If an order has been entered granting visitation | ||||||
19 | privileges with the
child to a grandparent or | ||||||
20 | great-grandparent who is related to the child through
the | ||||||
21 | non-custodial parent, the visitation privileges of the | ||||||
22 | grandparent or
great-grandparent may be revoked if:
| ||||||
23 | (i) a court has entered an order prohibiting the | ||||||
24 | non-custodial parent
from any contact with the child, | ||||||
25 | and the grandparent or great-grandparent is
found to | ||||||
26 | have used his or her visitation privileges to | ||||||
27 | facilitate contact
between the child and the | ||||||
28 | non-custodial parent; or
| ||||||
29 | (ii) a court has entered an order restricting the | ||||||
30 | non-custodial parent's
contact with the child, and the | ||||||
31 | grandparent or great-grandparent is found to
have used | ||||||
32 | his or her visitation privileges to facilitate contact
| ||||||
33 | between the child and the non-custodial parent in a | ||||||
34 | manner that violates the
terms of the order restricting | ||||||
35 | the non-custodial parent's contact with the
child.
| ||||||
36 | Nothing in this subdivision (1) limits the authority of |
| |||||||
|
|||||||
1 | the court to
enforce its orders in any manner permitted by | ||||||
2 | law.
| ||||||
3 | (2) Any order granting visitation privileges with the | ||||||
4 | child to a
grandparent or great-grandparent who is related | ||||||
5 | to the child through the
non-custodial parent shall contain | ||||||
6 | the following provision:
| ||||||
7 | "If the (grandparent or great-grandparent, whichever | ||||||
8 | is applicable) who has
been granted visitation privileges | ||||||
9 | under this order uses the visitation
privileges to | ||||||
10 | facilitate contact between the child and the child's
| ||||||
11 | non-custodial parent, the visitation privileges granted | ||||||
12 | under this order shall
be permanently revoked."
| ||||||
13 | (e) No parent, not granted custody of the child, or | ||||||
14 | grandparent, or
great-grandparent, or stepparent, or sibling | ||||||
15 | of any minor child, convicted
of any offense
involving an | ||||||
16 | illegal sex act perpetrated upon a victim less than 18 years of
| ||||||
17 | age including but not limited to offenses for violations of | ||||||
18 | Article 12 of the
Criminal Code of 1961, is entitled to | ||||||
19 | visitation rights while incarcerated
or while on parole, | ||||||
20 | probation, conditional discharge, periodic
imprisonment, or
| ||||||
21 | mandatory supervised release for that offense, and upon | ||||||
22 | discharge from
incarceration for a misdemeanor offense or upon | ||||||
23 | discharge from parole,
probation, conditional discharge, | ||||||
24 | periodic imprisonment,
or mandatory supervised release for a | ||||||
25 | felony offense, visitation shall be
denied until the person | ||||||
26 | successfully completes a treatment program approved
by the | ||||||
27 | court.
| ||||||
28 | (f) Unless the court determines, after considering all | ||||||
29 | relevant factors,
including but not limited to those set forth | ||||||
30 | in Section 602(a), that it would
be in the best interests of | ||||||
31 | the child to allow visitation, the court shall not
enter an | ||||||
32 | order providing visitation rights and pursuant to a motion to | ||||||
33 | modify
visitation shall revoke visitation rights previously | ||||||
34 | granted to any
person who would otherwise be entitled to | ||||||
35 | petition for visitation rights under
this Section who has been | ||||||
36 | convicted of first degree murder of the parent,
grandparent, |
| |||||||
|
|||||||
1 | great-grandparent, or sibling of the child who is the subject | ||||||
2 | of
the order. Until an order is entered pursuant to this | ||||||
3 | subsection, no person
shall visit, with
the child present, a | ||||||
4 | person who has been convicted of first degree murder of
the | ||||||
5 | parent, grandparent, great-grandparent, or sibling of the | ||||||
6 | child
without the consent of the child's parent, other than a | ||||||
7 | parent convicted of
first degree murder as set forth herein, or | ||||||
8 | legal
guardian.
| ||||||
9 | (g) If an order has been entered limiting, for cause, a | ||||||
10 | minor child's
contact or
visitation with a grandparent, | ||||||
11 | great-grandparent, or sibling on the grounds
that it was in the | ||||||
12 | best interest of the child to do so, that order may be
modified | ||||||
13 | only upon a showing of a substantial change in circumstances | ||||||
14 | occurring
subsequent to the entry of the order with proof by | ||||||
15 | clear and convincing
evidence that modification is in the best | ||||||
16 | interest of the minor child.
| ||||||
17 | (Source: P.A. 90-782, eff. 8-14-98; 90-801, eff. 6-1-99; | ||||||
18 | 91-357, eff.
7-29-99; 91-610, eff. 8-19-99 .)
| ||||||
19 | Section 99. Effective date. This Act takes effect upon | ||||||
20 | becoming law. |