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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 102, 602.1, and | |||||||||||||||||||||||||
6 | 607 and by adding Section 602.4 as follows:
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7 | (750 ILCS 5/102) (from Ch. 40, par. 102)
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8 | Sec. 102. Purposes; Rules of Construction. This Act shall | |||||||||||||||||||||||||
9 | be liberally
construed and applied to promote its underlying | |||||||||||||||||||||||||
10 | purposes, which are to:
| |||||||||||||||||||||||||
11 | (1) provide adequate procedures for the solemnization and | |||||||||||||||||||||||||
12 | registration
of marriage;
| |||||||||||||||||||||||||
13 | (2) strengthen and preserve the integrity of marriage and | |||||||||||||||||||||||||
14 | safeguard family
relationships;
| |||||||||||||||||||||||||
15 | (3) promote the amicable settlement of disputes that have | |||||||||||||||||||||||||
16 | arisen between
parties to a marriage;
| |||||||||||||||||||||||||
17 | (4) mitigate the potential harm to the spouses and their | |||||||||||||||||||||||||
18 | children caused
by the process of legal dissolution of | |||||||||||||||||||||||||
19 | marriage;
| |||||||||||||||||||||||||
20 | (5) make reasonable provision for spouses and minor | |||||||||||||||||||||||||
21 | children during and
after litigation, including provision for | |||||||||||||||||||||||||
22 | timely awards of interim fees to
achieve substantial parity in | |||||||||||||||||||||||||
23 | parties' access to funds for litigation costs;
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| |||||||
1 | (6) eliminate the consideration of marital misconduct in | ||||||
2 | the adjudication
of rights and duties incident to the legal | ||||||
3 | dissolution of marriage, legal
separation and declaration of | ||||||
4 | invalidity of marriage;
| ||||||
5 | (7) continue existing parent-child relationships, and | ||||||
6 | secure the maximum involvement and cooperation of both parents | ||||||
7 | regarding
the physical, mental, moral , and emotional | ||||||
8 | well-being of the children during
and after the litigation; and
| ||||||
9 | (8) make provision for the preservation and conservation of | ||||||
10 | assets
during the litigation ; and .
| ||||||
11 | (9) recognize that the involvement of each parent for equal | ||||||
12 | time and not less than 35% of residential parenting time per | ||||||
13 | week is presumptively in the children's best interests. | ||||||
14 | (Source: P.A. 89-712, eff. 6-1-97.)
| ||||||
15 | (750 ILCS 5/602.1) (from Ch. 40, par. 602.1)
| ||||||
16 | Sec. 602.1. (a) The dissolution of marriage, the | ||||||
17 | declaration of
invalidity of marriage, the legal separation of | ||||||
18 | the parents, or the parents
living separate and apart shall not | ||||||
19 | diminish parental powers, rights, and
responsibilities except | ||||||
20 | as the court for good reason may determine under
the standards | ||||||
21 | of Section 602.
| ||||||
22 | (b) Upon the application of either or both parents, or upon | ||||||
23 | its own motion,
the court shall consider an award of joint | ||||||
24 | custody. Joint custody means
custody determined pursuant to a | ||||||
25 | Joint Parenting Agreement or a Joint Parenting
Order. In such |
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| |||||||
1 | cases, the court shall initially request the parents to produce
| ||||||
2 | a Joint Parenting Agreement. Such Agreement shall specify each | ||||||
3 | parent's
powers, rights and responsibilities for the personal | ||||||
4 | care of the child and
for major decisions such as education, | ||||||
5 | health care, and religious training.
The Agreement shall | ||||||
6 | further specify a procedure by which proposed changes,
disputes | ||||||
7 | and alleged breaches may be mediated or otherwise resolved and
| ||||||
8 | shall provide for a periodic review of its terms by the | ||||||
9 | parents. In
producing a Joint Parenting Agreement, the parents | ||||||
10 | shall be flexible in
arriving at resolutions which further the | ||||||
11 | policy of this State as expressed
in Sections 102 and 602. For | ||||||
12 | the purpose of assisting the court in making
a determination | ||||||
13 | whether an award of joint custody is appropriate, the court
may | ||||||
14 | order mediation and may direct that an investigation be | ||||||
15 | conducted
pursuant to the provisions of Section 605. If there | ||||||
16 | is a danger to the health or safety of a partner, joint | ||||||
17 | mediation shall not be required by the court. In the event the | ||||||
18 | parents fail
to produce a Joint Parenting Agreement, the court | ||||||
19 | may enter an appropriate
Joint Parenting Order under the | ||||||
20 | standards of Section 602 which shall
specify and contain the | ||||||
21 | same elements as a Joint Parenting Agreement, or it
may award | ||||||
22 | sole custody under the standards of Sections 602, 607, and 608.
| ||||||
23 | (c) The court may enter an order of joint custody if it | ||||||
24 | determines
that joint custody would be in the best interests of | ||||||
25 | the child, taking into
account the following:
| ||||||
26 | (1) the ability of the parents to cooperate effectively |
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| |||||||
1 | and
consistently in matters that directly affect the joint | ||||||
2 | parenting of the child.
"Ability of the parents
to | ||||||
3 | cooperate" means the parents' capacity to substantially | ||||||
4 | comply with a Joint
Parenting Order. The court shall not | ||||||
5 | consider the inability of the parents to
cooperate | ||||||
6 | effectively and consistently in matters that do not | ||||||
7 | directly affect
the joint parenting of the child;
| ||||||
8 | (2) The residential circumstances of each parent; and
| ||||||
9 | (3) all other factors which may be relevant to the best | ||||||
10 | interest of the
child.
| ||||||
11 | (d) Nothing within this section shall imply or presume that | ||||||
12 | joint
custody shall necessarily mean equal parenting time. The | ||||||
13 | physical
residence of the child in joint custodial situations | ||||||
14 | shall be determined by:
| ||||||
15 | (1) express agreement of the parties; or
| ||||||
16 | (2) order of the court under the standards of this | ||||||
17 | Section.
| ||||||
18 | (e) Notwithstanding any other provision of law, access to | ||||||
19 | records and
information pertaining to a child, including but | ||||||
20 | not limited to medical,
dental, child care and school records, | ||||||
21 | shall not be denied to a parent for
the reason that such parent | ||||||
22 | is not the child's custodial parent; however,
no parent shall | ||||||
23 | have access to the school records of a child if the parent
is | ||||||
24 | prohibited by an order of protection from inspecting or | ||||||
25 | obtaining such
records pursuant to the Illinois Domestic | ||||||
26 | Violence Act of 1986, as now or
hereafter amended or pursuant |
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| |||||||
1 | to the Code of Criminal Procedure of 1963. No parent who is a | ||||||
2 | named respondent in an order of protection issued pursuant to | ||||||
3 | the Illinois Domestic Violence Act of 1986 or the Code of | ||||||
4 | Criminal Procedure of 1963 shall have access to the health care | ||||||
5 | records of a child who is a protected person under that order | ||||||
6 | of protection.
| ||||||
7 | (Source: P.A. 95-912, eff. 1-1-09; 96-651, eff. 1-1-10.)
| ||||||
8 | (750 ILCS 5/602.4 new) | ||||||
9 | Sec. 602.4. Parenting time. | ||||||
10 | (a) The court shall allocate parenting time according to | ||||||
11 | the child's best interests. It is presumed that it is in the | ||||||
12 | child's best interests to award equal time to each parent. | ||||||
13 | (b) Unless the parents present a mutually agreed written | ||||||
14 | and notarized parenting plan within 90 days of both parties | ||||||
15 | filing an appearance, the court shall allocate parenting time. | ||||||
16 | It is presumed that both parents are fit and the court shall | ||||||
17 | not place any restrictions on parenting time unless it finds by | ||||||
18 | clear and convincing evidence that a parent's exercise of | ||||||
19 | parenting time would seriously endanger the child's physical, | ||||||
20 | mental, moral, or emotional health. | ||||||
21 | (c) In cases where the court finds that it is not in the | ||||||
22 | best interests of the child for the parents to have equal time | ||||||
23 | or that it is not possible for both parents to share time | ||||||
24 | equally, a minimum of 35% residential time per week should be | ||||||
25 | ordered for the non-custodial parent. The non-custodial parent |
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| |||||||
1 | may waive his or her right to a 35% minimum residential time | ||||||
2 | per week. | ||||||
3 | (d) The parents may agree to an alternate parenting | ||||||
4 | schedule, subject to the court's approval. | ||||||
5 | (e) The parties shall implement an order allocating | ||||||
6 | parenting time entered under this Section no more than 60 days | ||||||
7 | after the entry of the order.
| ||||||
8 | (750 ILCS 5/607) (from Ch. 40, par. 607)
| ||||||
9 | Sec. 607. Visitation.
| ||||||
10 | (a) A parent not granted custody of the child
is entitled | ||||||
11 | to reasonable visitation rights unless the court finds,
after a | ||||||
12 | hearing, that visitation would endanger seriously the child's
| ||||||
13 | physical, mental, moral or emotional health. If the custodian's | ||||||
14 | street
address is not identified, pursuant to Section 708, the | ||||||
15 | court shall require
the parties to identify reasonable | ||||||
16 | alternative arrangements for visitation
by a non-custodial | ||||||
17 | parent, including but not limited to visitation of the
minor | ||||||
18 | child at the residence of another person or at a local public | ||||||
19 | or
private facility.
| ||||||
20 | (1) "Visitation" means in-person time spent between a | ||||||
21 | child and the child's parent. In appropriate | ||||||
22 | circumstances, it may include electronic communication | ||||||
23 | under conditions and at times determined by the court. | ||||||
24 | "Visitation" includes parenting time under Section 602.4 | ||||||
25 | of this Act. |
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| |||||||
1 | (2) "Electronic communication" means time that a | ||||||
2 | parent spends with his or her child during which the child | ||||||
3 | is not in the parent's actual physical custody, but which | ||||||
4 | is facilitated by the use of communication tools such as | ||||||
5 | the telephone, electronic mail, instant messaging, video | ||||||
6 | conferencing or other wired or wireless technologies via | ||||||
7 | the Internet, or another medium of communication.
| ||||||
8 | (a-3) Grandparents, great-grandparents, and siblings of a | ||||||
9 | minor child, who is one year old or older, have standing to | ||||||
10 | bring an action in circuit court by petition, requesting | ||||||
11 | visitation in accordance with this Section. The term "sibling" | ||||||
12 | in this Section means a brother, sister, stepbrother, or | ||||||
13 | stepsister of the minor child. Grandparents, | ||||||
14 | great-grandparents, and siblings also have standing to file a | ||||||
15 | petition for visitation and any electronic communication
| ||||||
16 | rights in a pending dissolution proceeding or any other | ||||||
17 | proceeding that involves custody or visitation issues, | ||||||
18 | requesting visitation in accordance with this Section. A | ||||||
19 | petition for visitation with a child by a person other than a | ||||||
20 | parent must be filed in the county in which the child resides. | ||||||
21 | Nothing in this subsection (a-3) and subsection (a-5) of this | ||||||
22 | Section shall apply to a child in whose interests a petition is | ||||||
23 | pending under Section 2-13 of the Juvenile Court Act of 1987 or | ||||||
24 | a petition to adopt an unrelated child is pending under the | ||||||
25 | Adoption Act. | ||||||
26 | (a-5)(1) Except as otherwise provided in this subsection |
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| |||||||
1 | (a-5), any grandparent, great-grandparent, or sibling may file | ||||||
2 | a
petition for
visitation rights to a minor child if there is | ||||||
3 | an unreasonable denial of visitation by a parent and at least | ||||||
4 | one
of the
following conditions exists: | ||||||
5 | (A) (Blank); | ||||||
6 | (A-5) the child's other parent is deceased or has been | ||||||
7 | missing for at least 3 months. For the purposes of this | ||||||
8 | Section a parent is considered to be missing if the | ||||||
9 | parent's location has not been determined and the parent | ||||||
10 | has been reported as missing to a law enforcement agency;
| ||||||
11 | (A-10) a parent of the child is incompetent as a matter | ||||||
12 | of law;
| ||||||
13 | (A-15) a parent has been incarcerated in jail or prison | ||||||
14 | during the 3 month period preceding the filing of the | ||||||
15 | petition;
| ||||||
16 | (B) the child's mother and father are divorced or have | ||||||
17 | been legally separated from
each other or there is pending | ||||||
18 | a dissolution proceeding involving a parent of the child or | ||||||
19 | another court proceeding involving custody or visitation | ||||||
20 | of the child (other than any adoption proceeding of an | ||||||
21 | unrelated child) and at least one parent does not object to | ||||||
22 | the grandparent, great-grandparent, or sibling having | ||||||
23 | visitation with the child. The visitation of the | ||||||
24 | grandparent, great-grandparent, or sibling must not | ||||||
25 | diminish the visitation of the parent who is not related to | ||||||
26 | the grandparent, great-grandparent, or sibling seeking |
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| |||||||
1 | visitation; | ||||||
2 | (C) (Blank); | ||||||
3 | (D) the child is born out of wedlock, the parents are | ||||||
4 | not living together, and the petitioner is a maternal | ||||||
5 | grandparent, great-grandparent, or sibling of the child | ||||||
6 | born out of wedlock; or | ||||||
7 | (E) the child is born out of wedlock, the parents are | ||||||
8 | not living together, the petitioner is a paternal | ||||||
9 | grandparent, great-grandparent, or sibling, and the | ||||||
10 | paternity has been established by a court of competent | ||||||
11 | jurisdiction. | ||||||
12 | (2) Any visitation rights granted pursuant to this Section | ||||||
13 | before the filing of a petition for adoption of a child shall | ||||||
14 | automatically terminate by operation of law upon the entry of | ||||||
15 | an order terminating parental rights or granting the adoption | ||||||
16 | of the child, whichever is earlier. If the person or persons | ||||||
17 | who adopted the child are related to the child, as defined by | ||||||
18 | Section 1 of the Adoption Act, any person who was related to | ||||||
19 | the child as grandparent, great-grandparent, or sibling prior | ||||||
20 | to the adoption shall have standing to bring an action pursuant | ||||||
21 | to this Section requesting visitation with the child.
| ||||||
22 | (3) In making a determination under this subsection (a-5), | ||||||
23 | there is a
rebuttable
presumption that a fit parent's actions | ||||||
24 | and decisions regarding grandparent,
great-grandparent, or | ||||||
25 | sibling visitation are not harmful to the child's mental, | ||||||
26 | physical, or emotional health. The
burden is on the
party |
| |||||||
| |||||||
1 | filing a petition under this Section to prove that the
parent's | ||||||
2 | actions and
decisions regarding visitation times are harmful to | ||||||
3 | the child's mental, physical, or emotional health. | ||||||
4 | (4) In determining whether to grant visitation, the court | ||||||
5 | shall consider the following:
| ||||||
6 | (A) the preference of the child if the child is | ||||||
7 | determined to be of sufficient maturity to express a | ||||||
8 | preference; | ||||||
9 | (B) the mental and physical health of the child; | ||||||
10 | (C) the mental and physical health of the grandparent, | ||||||
11 | great-grandparent, or sibling; | ||||||
12 | (D) the length and quality of the prior relationship | ||||||
13 | between the child and the grandparent, great-grandparent, | ||||||
14 | or sibling;
| ||||||
15 | (E) the good faith of the party in filing the petition;
| ||||||
16 | (F) the good faith of the person denying visitation; | ||||||
17 | (G) the quantity of the visitation time requested and | ||||||
18 | the potential adverse impact that visitation would have on | ||||||
19 | the child's customary activities; | ||||||
20 | (H) whether the child resided with the petitioner for | ||||||
21 | at least
6 consecutive months with or without the current | ||||||
22 | custodian present; | ||||||
23 | (I) whether the petitioner had frequent or regular | ||||||
24 | contact or visitation with the child for at least 12 | ||||||
25 | consecutive months;
| ||||||
26 | (J) any other fact that establishes that the loss of |
| |||||||
| |||||||
1 | the relationship between the petitioner and the child is | ||||||
2 | likely to harm the child's mental, physical, or emotional | ||||||
3 | health; and | ||||||
4 | (K) whether the grandparent, great-grandparent, or | ||||||
5 | sibling was a primary caretaker of the child for a period | ||||||
6 | of not less than 6 consecutive months.
| ||||||
7 | (5) The court may order visitation rights for the | ||||||
8 | grandparent, great-grandparent, or sibling that include | ||||||
9 | reasonable access without requiring overnight or possessory | ||||||
10 | visitation.
| ||||||
11 | (a-7)(1) Unless by stipulation of the parties, no motion to | ||||||
12 | modify a grandparent, great-grandparent, or sibling visitation | ||||||
13 | order may be made earlier than 2 years after the date the order | ||||||
14 | was filed, unless the court permits it to be made on the basis | ||||||
15 | of affidavits that there is reason to believe the child's | ||||||
16 | present environment may endanger seriously the child's mental, | ||||||
17 | physical, or emotional health. | ||||||
18 | (2) The court shall not modify an order that grants | ||||||
19 | visitation to a grandparent, great-grandparent, or sibling | ||||||
20 | unless it finds by clear and convincing evidence, upon the | ||||||
21 | basis of facts that have arisen since the prior visitation | ||||||
22 | order or that were unknown to the court at the time of entry of | ||||||
23 | the prior visitation, that a change has occurred in the | ||||||
24 | circumstances of the child or his or her custodian, and that | ||||||
25 | the modification is necessary to protect the mental, physical, | ||||||
26 | or emotional health of the child. The court shall state in its |
| |||||||
| |||||||
1 | decision specific findings of fact in support of its | ||||||
2 | modification or termination of the grandparent, | ||||||
3 | great-grandparent, or sibling visitation. A child's parent may | ||||||
4 | always petition to modify visitation upon changed | ||||||
5 | circumstances when necessary to promote the child's best | ||||||
6 | interest. | ||||||
7 | (3) Attorney fees and costs shall be assessed against a | ||||||
8 | party seeking modification of the visitation order if the court | ||||||
9 | finds that the modification action is vexatious and constitutes | ||||||
10 | harassment. | ||||||
11 | (4) Notice under this subsection (a-7) shall be given as | ||||||
12 | provided in subsections (c) and (d) of Section 601.
| ||||||
13 | (b) (1) (Blank.)
| ||||||
14 | (1.5) The Court may grant reasonable visitation privileges | ||||||
15 | to a stepparent
upon petition to the court by the stepparent, | ||||||
16 | with notice to the parties
required to be notified under | ||||||
17 | Section 601 of this Act, if the court determines
that it is in | ||||||
18 | the best interests and welfare of the child, and may issue any
| ||||||
19 | necessary orders to enforce those visitation privileges.
A | ||||||
20 | petition for visitation privileges may be filed under this | ||||||
21 | paragraph (1.5)
whether or not a petition pursuant to this Act | ||||||
22 | has been previously filed or is
currently pending if the | ||||||
23 | following
circumstances are met:
| ||||||
24 | (A) the child is at least 12 years old;
| ||||||
25 | (B) the child resided continuously with the parent and | ||||||
26 | stepparent for at
least 5 years;
|
| |||||||
| |||||||
1 | (C) the parent is deceased or is disabled and is unable | ||||||
2 | to care for the
child;
| ||||||
3 | (D) the child wishes to have reasonable visitation with | ||||||
4 | the stepparent;
and
| ||||||
5 | (E) the stepparent was providing for the care, control, | ||||||
6 | and welfare to the
child prior to the initiation of the | ||||||
7 | petition for visitation.
| ||||||
8 | (2)(A) A petition for visitation privileges shall not be | ||||||
9 | filed pursuant
to this subsection (b) by the parents or | ||||||
10 | grandparents of a putative father
if the paternity of the | ||||||
11 | putative father has not been legally established.
| ||||||
12 | (B) A petition for visitation privileges may not be filed | ||||||
13 | under
this subsection (b) if the child who is the subject of | ||||||
14 | the
grandparents' or great-grandparents' petition has been | ||||||
15 | voluntarily
surrendered by the parent or parents, except for a | ||||||
16 | surrender to the
Illinois Department of Children and Family | ||||||
17 | Services or a foster care
facility, or has been previously | ||||||
18 | adopted by an individual or individuals
who are not related to | ||||||
19 | the biological parents of the child or is the
subject of a | ||||||
20 | pending adoption petition by an individual or individuals who
| ||||||
21 | are not related to the biological parents of the child.
| ||||||
22 | (3) (Blank).
| ||||||
23 | (c) The court may modify an order granting or denying | ||||||
24 | visitation
rights of a parent whenever modification would serve | ||||||
25 | the best interest of
the child;
but the court shall not | ||||||
26 | restrict a parent's visitation rights unless it
finds that the |
| |||||||
| |||||||
1 | visitation would endanger seriously the child's physical,
| ||||||
2 | mental, moral or emotional health.
| ||||||
3 | (d) If any court has entered an order prohibiting a | ||||||
4 | non-custodial parent
of a child from any contact with a child
| ||||||
5 | or restricting the non-custodial parent's contact with the | ||||||
6 | child, the
following provisions shall apply:
| ||||||
7 | (1) If an order has been entered granting visitation | ||||||
8 | privileges with the
child to a grandparent or | ||||||
9 | great-grandparent who is related to the child through
the | ||||||
10 | non-custodial parent, the visitation privileges of the | ||||||
11 | grandparent or
great-grandparent may be revoked if:
| ||||||
12 | (i) a court has entered an order prohibiting the | ||||||
13 | non-custodial parent
from any contact with the child, | ||||||
14 | and the grandparent or great-grandparent is
found to | ||||||
15 | have used his or her visitation privileges to | ||||||
16 | facilitate contact
between the child and the | ||||||
17 | non-custodial parent; or
| ||||||
18 | (ii) a court has entered an order restricting the | ||||||
19 | non-custodial parent's
contact with the child, and the | ||||||
20 | grandparent or great-grandparent is found to
have used | ||||||
21 | his or her visitation privileges to facilitate contact
| ||||||
22 | between the child and the non-custodial parent in a | ||||||
23 | manner that violates the
terms of the order restricting | ||||||
24 | the non-custodial parent's contact with the
child.
| ||||||
25 | Nothing in this subdivision (1) limits the authority of | ||||||
26 | the court to
enforce its orders in any manner permitted by |
| |||||||
| |||||||
1 | law.
| ||||||
2 | (2) Any order granting visitation privileges with the | ||||||
3 | child to a
grandparent or great-grandparent who is related | ||||||
4 | to the child through the
non-custodial parent shall contain | ||||||
5 | the following provision:
| ||||||
6 | "If the (grandparent or great-grandparent, whichever | ||||||
7 | is applicable) who has
been granted visitation privileges | ||||||
8 | under this order uses the visitation
privileges to | ||||||
9 | facilitate contact between the child and the child's
| ||||||
10 | non-custodial parent, the visitation privileges granted | ||||||
11 | under this order shall
be permanently revoked."
| ||||||
12 | (e) No parent, not granted custody of the child, or | ||||||
13 | grandparent, or
great-grandparent, or stepparent, or sibling | ||||||
14 | of any minor child, convicted
of any offense
involving an | ||||||
15 | illegal sex act perpetrated upon a victim less than 18 years of
| ||||||
16 | age including but not limited to offenses for violations of | ||||||
17 | Section 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-1.70, | ||||||
18 | or Article 12 of the
Criminal Code of 1961 or the Criminal Code | ||||||
19 | of 2012, is entitled to visitation rights while incarcerated
or | ||||||
20 | while on parole, probation, conditional discharge, periodic
| ||||||
21 | imprisonment, or
mandatory supervised release for that | ||||||
22 | offense, and upon discharge from
incarceration for a | ||||||
23 | misdemeanor offense or upon discharge from parole,
probation, | ||||||
24 | conditional discharge, periodic imprisonment,
or mandatory | ||||||
25 | supervised release for a felony offense, visitation shall be
| ||||||
26 | denied until the person successfully completes a treatment |
| |||||||
| |||||||
1 | program approved
by the court.
| ||||||
2 | (f) Unless the court determines, after considering all | ||||||
3 | relevant factors,
including but not limited to those set forth | ||||||
4 | in Section 602(a), that it would
be in the best interests of | ||||||
5 | the child to allow visitation, the court shall not
enter an | ||||||
6 | order providing visitation rights and pursuant to a motion to | ||||||
7 | modify
visitation shall revoke visitation rights previously | ||||||
8 | granted to any
person who would otherwise be entitled to | ||||||
9 | petition for visitation rights under
this Section who has been | ||||||
10 | convicted of first degree murder of the parent,
grandparent, | ||||||
11 | great-grandparent, or sibling of the child who is the subject | ||||||
12 | of
the order. Until an order is entered pursuant to this | ||||||
13 | subsection, no person
shall visit, with
the child present, a | ||||||
14 | person who has been convicted of first degree murder of
the | ||||||
15 | parent, grandparent, great-grandparent, or sibling of the | ||||||
16 | child
without the consent of the child's parent, other than a | ||||||
17 | parent convicted of
first degree murder as set forth herein, or | ||||||
18 | legal
guardian.
| ||||||
19 | (g) (Blank).
| ||||||
20 | (h) Upon motion, the court may allow a parent who is | ||||||
21 | deployed or who has orders to be deployed as a member of the | ||||||
22 | United States Armed Forces to designate a person known to the | ||||||
23 | child to exercise reasonable substitute visitation on behalf of | ||||||
24 | the deployed parent, if the court determines that substitute | ||||||
25 | visitation is in the best interest of the child. In determining | ||||||
26 | whether substitute visitation is in the best interest of the |
| |||||||
| |||||||
1 | child, the court shall consider all of the relevant factors | ||||||
2 | listed in subsection (a) of Section 602 and apply those factors | ||||||
3 | to the person designated as a substitute for the deployed | ||||||
4 | parent for visitation purposes. | ||||||
5 | (Source: P.A. 96-331, eff. 1-1-10; 97-659, eff. 6-1-12; | ||||||
6 | 97-1150, eff. 1-25-13 .)
|