HB4202eng 96TH GENERAL ASSEMBLY

HB4202 Engrossed LRB096 05711 AJO 15778 b

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 adding Section 610.5 as follows:

(750 ILCS 5/610.5 new)

Sec. 610.5. Out of State military service.

(a) Whenever it is determined in a proceeding to establish, modify, or enforce child custody or visitation with a child that a parent who is a party to the proceeding is a person on active military duty stationed out of State, the court must treat any order establishing, modifying, or enforcing child custody or visitation with a child as a temporary order.

(b) An order that qualifies as a temporary order under this Section:

(1) does not prejudice the rights of the parties or the child which are to be adjudicated at a subsequent hearing in the proceeding;

(2) may be incorporated into a final judgment, but only if the court makes a finding that this Section applies and the judgment provides that it may be modified to the extent that it establishes, modifies, or enforces child custody without meeting the requirements of Section 610; and

(3) terminates when the court enters a subsequent order or judgment following a hearing that is held:

(A) after the person is discharged from active military duty; or

(B) after the person, although remaining on active military duty, is no longer stationed out of State.

(c) "Active-duty military member" means, for purposes of this Section, a person who is currently serving on active duty as a member of the Armed Forces of the United States, the Illinois National Guard, or any reserve component of the Armed Forces of the United States.