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