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Sen. Iris Y. Martinez
Filed: 5/9/2005
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09400HB0712sam001 |
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LRB094 08083 LCB 46252 a |
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| AMENDMENT TO HOUSE BILL 712
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| AMENDMENT NO. ______. Amend House Bill 712, on page 1, line |
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| 5, by replacing "Section 602" with "Sections 602 and 610"; and
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| on page 2, immediately below line 26, by inserting the |
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| following:
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| "(750 ILCS 5/610) (from Ch. 40, par. 610)
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| Sec. 610. Modification.
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| (a) Unless by stipulation of the parties or except as |
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| provided in subsection (a-5) , no motion
to modify a custody |
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| judgment may be made earlier than 2 years after its
date, |
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| unless the court permits it to be made on the basis of |
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| affidavits
that there is reason to believe the child's present |
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| environment may endanger
seriously his physical, mental, moral |
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| or emotional health.
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| (a-5) A motion to modify a custody judgment may be made at |
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| any time by a party who has been informed of the existence of |
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| facts requiring notice to be given under Section 609.5.
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| (b) The court shall not modify a prior custody judgment |
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| unless it finds by
clear and convincing evidence, upon the |
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| basis of facts that have arisen since
the prior judgment or |
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| that were unknown to the court at the time of entry of
the |
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| prior judgment, that a change has occurred in the circumstances |
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| of the
child or his custodian, or in the case of a joint |
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| custody arrangement that a
change has occurred in the |