SB3054 95TH GENERAL ASSEMBLY

LRB095 21826 WGH 52052 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB3054

Introduced 8/12/2008, by Sen. Edward D. Maloney

SYNOPSIS AS INTRODUCED:

750 ILCS 5/610

from Ch. 40, par. 610

Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that a motion to modify a custody judgment with respect to a child who is at least 16 years of age may be made at any time by a parent of the child on the grounds that the child's preference is to live with the parent making the motion and the modification is in the best interest of the child. Provides that the court shall modify the custody judgment with respect to the child who is at least 16 years of age if it finds that the child's preference is to live with the parent making the motion and the modification is in the best interest of the child. Provides that specified restrictions on modification of custody judgments do not apply to a motion under the new provisions.

A BILL FOR

AN ACT concerning civil law.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Marriage and Dissolution of Marriage Act is amended by changing Section 610 as follows:

(750 ILCS 5/610) (from Ch. 40, par. 610)

Sec. 610. Modification.

(a) Unless by stipulation of the parties or except as provided in subsections subsection (a-5) and (b-5), no motion to modify a custody judgment may be made earlier than 2 years after its date, unless the court permits it to be made on the basis of affidavits that there is reason to believe the child's present environment may endanger seriously his physical, mental, moral or emotional health.

(a-5) A motion to modify a custody judgment may be made at any time by a party who has been informed of the existence of facts requiring notice to be given under Section 609.5.

(b) Except as provided in subsection (b-5), the The court shall not modify a prior custody judgment unless it finds by clear and convincing evidence, upon the basis of facts that have arisen since the prior judgment or that were unknown to the court at the time of entry of the prior judgment, that a change has occurred in the circumstances of the child or his custodian, or in the case of a joint custody arrangement that a change has occurred in the circumstances of the child or either or both parties having custody, and that the modification is necessary to serve the best interest of the child. The existence of facts requiring notice to be given under Section 609.5 of this Act shall be considered a change in circumstance. In the case of joint custody, if the parties agree to a termination of a joint custody arrangement, the court shall so terminate the joint custody and make any modification which is in the child's best interest. The court shall state in its decision specific findings of fact in support of its modification or termination of joint custody if either parent opposes the modification or termination.

(b-5) A motion to modify a custody judgment with respect to a child who is at least 16 years of age may be made at any time by a parent of the child on the grounds that the child's preference is to live with the parent making the motion and the modification is in the best interest of the child. The court shall modify the custody judgment with respect to the child who is at least 16 years of age if it finds that the child's preference is to live with the parent making the motion and the modification is in the best interest of the child. The restrictions in subsections (a) and (b) do not apply to a motion under this subsection (b-5).

(c) Attorney fees and costs shall be assessed against a party seeking modification if the court finds that the modification action is vexatious and constitutes harassment.

(d) Notice under this Section shall be given as provided in subsections (c) and (d) of Section 601.

(Source: P.A. 94-643, eff. 1-1-06.)