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| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2225 Introduced , by Rep. Tom Cross SYNOPSIS AS INTRODUCED:
| | 750 ILCS 5/601 | from Ch. 40, par. 601 |
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Amends the Illinois Marriage and Dissolution of Marriage Act. Makes
a technical change in a Section concerning child custody.
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| | A BILL FOR |
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| | HB2225 | | LRB097 08131 AJO 48254 b |
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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, |
| 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 601 as follows:
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| 6 | | (750 ILCS 5/601) (from Ch. 40, par. 601)
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| 7 | | Sec. 601. Jurisdiction; Commencement of Proceeding.
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| 8 | | (a) A court of this State competent to decide child custody |
| 9 | | matters has
jurisdiction to make a child custody determination |
| 10 | | in original or modification
proceedings as provided in Section |
| 11 | | 201 of the
the Uniform
Child-Custody Jurisdiction and |
| 12 | | Enforcement Act as
adopted by this State. |
| 13 | | (b) A child custody proceeding is commenced in the court:
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| 14 | | (1) by a parent, by filing a petition:
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| 15 | | (i) for dissolution of marriage or legal |
| 16 | | separation or declaration
of invalidity of marriage; |
| 17 | | or
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| 18 | | (ii) for custody of the child, in the county in |
| 19 | | which he is
permanently resident or found;
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| 20 | | (2) by a person other than a parent, by filing a |
| 21 | | petition for
custody of the child in the county in which he |
| 22 | | is permanently resident
or found, but only if he is not in |
| 23 | | the physical custody of one of his
parents; or
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| | HB2225 | - 2 - | LRB097 08131 AJO 48254 b |
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| 1 | | (3) by a stepparent, by filing a petition, if all of |
| 2 | | the following
circumstances are met:
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| 3 | | (A) the child is at least 12 years old;
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| 4 | | (B) the custodial parent and stepparent were |
| 5 | | married for at least 5
years during which the child |
| 6 | | resided with the parent and stepparent;
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| 7 | | (C) the custodial parent is deceased or is disabled |
| 8 | | and cannot perform
the duties of a parent to the child;
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| 9 | | (D) the stepparent provided for the care, control, |
| 10 | | and welfare to the
child prior to the initiation of |
| 11 | | custody proceedings;
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| 12 | | (E) the child wishes to live with the stepparent; |
| 13 | | and
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| 14 | | (F) it is alleged to be in the best interests and |
| 15 | | welfare of the
child to live with the stepparent as |
| 16 | | provided in Section 602 of this Act. |
| 17 | | (4) When one of the parents is deceased, by a |
| 18 | | grandparent who is a parent or stepparent of a deceased |
| 19 | | parent, by filing a petition, if one or more of the |
| 20 | | following existed at the time of the parent's death: |
| 21 | | (A) the surviving parent had been absent from the |
| 22 | | marital abode for more than one month without the |
| 23 | | deceased spouse knowing his or her whereabouts; |
| 24 | | (B) the surviving parent was in State or federal |
| 25 | | custody; or |
| 26 | | (C) the surviving parent had: (i) received |
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| | HB2225 | - 3 - | LRB097 08131 AJO 48254 b |
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| 1 | | supervision for or been convicted of any violation of |
| 2 | | Article 12 of the Criminal Code of 1961 directed |
| 3 | | towards the deceased parent or the child; or (ii) |
| 4 | | received supervision or been convicted of violating an |
| 5 | | order of protection entered under Section 217, 218, or |
| 6 | | 219 of the Illinois Domestic Violence Act of 1986 for |
| 7 | | the protection of the deceased parent or the child.
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| 8 | | (c) Notice of a child custody proceeding, including an |
| 9 | | action
for modification of a previous custody order, shall be |
| 10 | | given to the
child's parents, guardian and custodian, who may |
| 11 | | appear, be heard, and
file a responsive pleading. The court, |
| 12 | | upon showing of good cause, may
permit intervention of other |
| 13 | | interested parties.
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| 14 | | (d) Proceedings for modification of a previous custody |
| 15 | | order
commenced more than 30 days following the entry of a |
| 16 | | previous custody order
must be initiated by serving a written |
| 17 | | notice and a copy of the petition
for modification upon the |
| 18 | | child's parent, guardian and custodian at least
30 days prior |
| 19 | | to hearing on the petition. Nothing in this Section shall
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| 20 | | preclude a party in custody modification proceedings from |
| 21 | | moving for a
temporary order under Section 603 of this Act.
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| 22 | | (e) (Blank). |
| 23 | | (f) The court shall, at the court's discretion or upon the |
| 24 | | request of any party entitled to petition for custody of the |
| 25 | | child, appoint a guardian ad litem to represent the best |
| 26 | | interest of the child for the duration of the custody |