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1 | AN ACT concerning civil law.
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2 | Be it enacted by the People of the State of Illinois,
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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 Sections 601, 604, and | |||||||||||||||||||||||
6 | 604.5 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 |
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1 | (C) the surviving parent had: (i) received | ||||||
2 | supervision for or been convicted of any violation of | ||||||
3 | Article 12 of the Criminal Code of 1961 directed | ||||||
4 | towards the deceased parent or the child; or (ii) | ||||||
5 | received supervision or been convicted of violating an | ||||||
6 | order of protection entered under Section 217, 218, or | ||||||
7 | 219 of the Illinois Domestic Violence Act of 1986 for | ||||||
8 | the protection of the deceased parent or the child.
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9 | (c) Notice of a child custody proceeding, including an | ||||||
10 | action
for modification of a previous custody order, shall be | ||||||
11 | given to the
child's parents, guardian and custodian, who may | ||||||
12 | appear, be heard, and
file a responsive pleading. The court, | ||||||
13 | upon showing of good cause, may
permit intervention of other | ||||||
14 | interested parties.
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15 | (d) Proceedings for modification of a previous custody | ||||||
16 | order
commenced more than 30 days following the entry of a | ||||||
17 | previous custody order
must be initiated by serving a written | ||||||
18 | notice and a copy of the petition
for modification upon the | ||||||
19 | child's parent, guardian and custodian at least
30 days prior | ||||||
20 | to hearing on the petition. Nothing in this Section shall
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21 | preclude a party in custody modification proceedings from | ||||||
22 | moving for a
temporary order under Section 603 of this Act.
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23 | (e) (Blank). | ||||||
24 | (f) The court shall, at the court's discretion or upon the | ||||||
25 | request of any party entitled to petition for custody of the | ||||||
26 | child, appoint a guardian ad litem to represent the best |
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1 | interest of the child for the duration of the custody | ||||||
2 | proceeding or for any modifications of any custody orders | ||||||
3 | entered. Prior to appointment by the court, a guardian ad litem | ||||||
4 | must have completed 3 hours of training in domestic violence | ||||||
5 | and its effects on the partner and the child, provided by a | ||||||
6 | State-certified local domestic violence shelter or by a person | ||||||
7 | who has completed the 40-hour training to become a domestic | ||||||
8 | violence counselor, and must have registered a certificate of | ||||||
9 | completion of the training with the clerk of the court. Nothing | ||||||
10 | in this Section shall be construed to prevent the court from | ||||||
11 | appointing the same guardian ad litem for 2 or more children | ||||||
12 | that are siblings or half-siblings.
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13 | (Source: P.A. 93-108, eff. 1-1-04; 93-1026, eff. 1-1-05.)
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14 | (750 ILCS 5/604) (from Ch. 40, par. 604)
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15 | Sec. 604. Interviews.) (a) The court may interview the | ||||||
16 | child in chambers
to ascertain the child's wishes as to his | ||||||
17 | custodian and as to visitation.
Counsel shall be present at the | ||||||
18 | interview unless otherwise agreed upon by
the parties. The | ||||||
19 | court shall cause a court reporter to be present who shall
make | ||||||
20 | a complete record of the interview instantaneously to be part | ||||||
21 | of the
record in the case.
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22 | (b) The court may seek the advice of professional | ||||||
23 | personnel, whether or
not employed by the court on a regular | ||||||
24 | basis. Prior to rendering any advice to the court, any | ||||||
25 | professional must have completed 3 hours of training in |
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1 | domestic violence and its effects on the partner and the child, | ||||||
2 | provided by a State-certified local domestic violence shelter | ||||||
3 | or by a person who has completed the 40-hour training to become | ||||||
4 | a domestic violence counselor, and must have registered a | ||||||
5 | certificate of completion of the training with the clerk of the | ||||||
6 | court. The advice given shall be
in writing and made available | ||||||
7 | by the court to counsel. Counsel may examine,
as a witness, any | ||||||
8 | professional personnel consulted by the court, designated
as a | ||||||
9 | court's witness.
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10 | (Source: P.A. 80-923.)
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11 | (750 ILCS 5/604.5)
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12 | Sec. 604.5. Evaluation of child's best interest.
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13 | (a) In a proceeding for custody, visitation, or removal of | ||||||
14 | a child from
Illinois, upon notice
and motion made within a | ||||||
15 | reasonable time before trial, the court may order an
evaluation | ||||||
16 | concerning the best interest of the child as it relates to | ||||||
17 | custody,
visitation, or removal. Prior to appointment by the | ||||||
18 | court, an evaluator must have completed 3 hours of training in | ||||||
19 | domestic violence and its effects on the partner and the child, | ||||||
20 | provided by a State-certified local domestic violence shelter | ||||||
21 | or by a person who has completed the 40-hour training to become | ||||||
22 | a domestic violence counselor, and must have registered a | ||||||
23 | certificate of completion of the training with the clerk of the | ||||||
24 | court. The motion may be made by a party, a parent, the
child's
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25 | custodian, the attorney for the child, the child's guardian ad |
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1 | litem, or the
child's representative. The requested evaluation | ||||||
2 | may be in place of or in
addition to an evaluation conducted | ||||||
3 | under subsection (b) of Section 604.
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4 | The
motion shall state the identity of the proposed | ||||||
5 | evaluator and set forth the
evaluator's specialty or | ||||||
6 | discipline. The court may refuse to
order an evaluation by the | ||||||
7 | proposed evaluator, but in that event, the court may
permit the | ||||||
8 | party seeking the evaluation to propose one or more other
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9 | evaluators.
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10 | (b) An order for an evaluation shall fix the time, place, | ||||||
11 | conditions, and
scope of the evaluation and shall designate the | ||||||
12 | evaluator.
A party or person shall not be required to travel an | ||||||
13 | unreasonable distance for
the evaluation.
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14 | (c) The person requesting an evaluator shall pay the fee | ||||||
15 | for the evaluation
unless otherwise ordered by the court.
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16 | (d) Within 21 days after the completion of the evaluation, | ||||||
17 | if the moving
party or person intends to call the evaluator as | ||||||
18 | a witness, the evaluator shall
prepare and mail or deliver to | ||||||
19 | the attorneys of record duplicate originals of
the written | ||||||
20 | evaluation. The evaluation shall set forth the evaluator's
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21 | findings, the results
of all tests administered, and the | ||||||
22 | evaluator's conclusions and recommendations.
If
the
written | ||||||
23 | evaluation is not delivered or mailed to the attorneys within | ||||||
24 | 21 days
or within any extensions or modifications granted by | ||||||
25 | the court, the written
evaluation and the evaluator's | ||||||
26 | testimony, conclusions, and recommendations may
not be |
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1 | received into evidence.
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2 | (e) The person calling an evaluator to testify at trial
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3 | shall
disclose the evaluator as an opinion
witness in | ||||||
4 | accordance with the Supreme Court Rules.
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5 | (f) Subject to compliance with the Supreme
Court Rules, | ||||||
6 | nothing in this Section bars a person who did not request the
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7 | evaluation from calling the evaluator as a witness. In that | ||||||
8 | case, however,
that person shall
pay the evaluator's fee for | ||||||
9 | testifying unless otherwise ordered by the
court.
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10 | (Source: P.A. 91-746, eff. 6-2-00.)
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11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
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