Full Text of HB1792 095th General Assembly
HB1792 95TH GENERAL ASSEMBLY
|
|
|
95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB1792
Introduced 2/23/2007, by Rep. Deborah L. Graham SYNOPSIS AS INTRODUCED: |
|
750 ILCS 5/601 |
from Ch. 40, par. 601 |
|
Amends the Illinois Marriage and Dissolution of Marriage Act. Provides that the felony conviction of a grandparent shall not be deemed to disqualify the grandparent from being granted custody of his or her grandchild, if more than 3 years have elapsed since the date of the grandparent's release from the incarceration for the felony or the date of conviction, if there was no incarceration.
|
| |
|
|
A BILL FOR
|
|
|
|
|
HB1792 |
|
LRB095 08769 AJO 28953 b |
|
| 1 |
| AN ACT concerning civil law.
| 2 |
| Be it enacted by the People of the State of Illinois,
| 3 |
| represented in the General Assembly:
| 4 |
| Section 5. The Illinois Marriage and Dissolution of | 5 |
| Marriage Act is amended by changing Section 601 as follows:
| 6 |
| (750 ILCS 5/601) (from Ch. 40, par. 601)
| 7 |
| Sec. 601. Jurisdiction; Commencement of Proceeding.
| 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 Uniform
Child-Custody Jurisdiction and Enforcement | 12 |
| Act as
adopted by this State.
| 13 |
| (b) A child custody proceeding is commenced in the court:
| 14 |
| (1) by a parent, by filing a petition:
| 15 |
| (i) for dissolution of marriage or legal | 16 |
| separation or declaration
of invalidity of marriage; | 17 |
| or
| 18 |
| (ii) for custody of the child, in the county in | 19 |
| which he is
permanently resident or found;
| 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
|
|
|
|
HB1792 |
- 2 - |
LRB095 08769 AJO 28953 b |
|
| 1 |
| (3) by a stepparent, by filing a petition, if all of | 2 |
| the following
circumstances are met:
| 3 |
| (A) the child is at least 12 years old;
| 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;
| 7 |
| (C) the custodial parent is deceased or is disabled | 8 |
| and cannot perform
the duties of a parent to the child;
| 9 |
| (D) the stepparent provided for the care, control, | 10 |
| and welfare to the
child prior to the initiation of | 11 |
| custody proceedings;
| 12 |
| (E) the child wishes to live with the stepparent; | 13 |
| and
| 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 |
|
|
|
HB1792 |
- 3 - |
LRB095 08769 AJO 28953 b |
|
| 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.
| 8 |
| (b-5) No felony conviction of a grandparent shall be deemed | 9 |
| to disqualify the grandparent from being granted custody of a | 10 |
| grandchild after a date which is 3 years after his or her | 11 |
| release from incarceration for the felony or 3 years after the | 12 |
| date of the conviction, if he or she was not incarcerated for | 13 |
| the felony.
| 14 |
| (c) Notice of a child custody proceeding, including an | 15 |
| action
for modification of a previous custody order, shall be | 16 |
| given to the
child's parents, guardian and custodian, who may | 17 |
| appear, be heard, and
file a responsive pleading. The court, | 18 |
| upon showing of good cause, may
permit intervention of other | 19 |
| interested parties.
| 20 |
| (d) Proceedings for modification of a previous custody | 21 |
| order
commenced more than 30 days following the entry of a | 22 |
| previous custody order
must be initiated by serving a written | 23 |
| notice and a copy of the petition
for modification upon the | 24 |
| child's parent, guardian and custodian at least
30 days prior | 25 |
| to hearing on the petition. Nothing in this Section shall
| 26 |
| preclude a party in custody modification proceedings from |
|
|
|
HB1792 |
- 4 - |
LRB095 08769 AJO 28953 b |
|
| 1 |
| moving for a
temporary order under Section 603 of this Act.
| 2 |
| (e) (Blank). | 3 |
| (f) The court shall, at the court's discretion or upon the | 4 |
| request of any party entitled to petition for custody of the | 5 |
| child, appoint a guardian ad litem to represent the best | 6 |
| interest of the child for the duration of the custody | 7 |
| proceeding or for any modifications of any custody orders | 8 |
| entered. Nothing in this Section shall be construed to prevent | 9 |
| the court from appointing the same guardian ad litem for 2 or | 10 |
| more children that are siblings or half-siblings.
| 11 |
| (Source: P.A. 93-108, eff. 1-1-04; 93-1026, eff. 1-1-05.)
|
|